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Kerala High Court
Aalwin Jose vs State Of Kerala on 31 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:28668
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 31ST DAY OF MARCH 2026 / 10TH CHAITHRA, 1948
BAIL APPL. NO. 1677 OF 2026
CRIME NO.204/2026 OF EZHUKONE POLICE STATION, KOLLAM
AGAINST THE ORDER DATED 06.03.2026 IN BA NO.503 OF
2026 OF DISTRICT COURT & SESSIONS COURT, KOLLAM
PETITIONERS/ACCUSED NOS.1 TO 4:
1 AALWIN JOSE
AGED 29 YEARS
S/O. JOSEKUTTY SAMUEL, JOY BHAVAN,
CULTURAL JUNCTION, CHERUPOIKA P.O.,
PAVITHRESWARAM, KOLLAM, PIN - 691543
2 AARSHITH JOY
AGED 29 YEARS
S/O. SOOSAMMA MARIYAMMA, JOY BHAVAN, CHERUPOIKA
P.O., PAVITHRESWARAM, KOLLAM, PIN - 691543
3 LIJO.S
AGED 29 YEARS
S/O. LEELAMMA, KAKKAMURUPIL, CHERUPOIKA P.O.,
PAVITHRESWARAM, KOLLAM, PIN - 691507
4 ALAN JOSE
AGED 25 YEARS
S/O. JOSEKUTTY SAMUEL, JOSE DEN, CHERUPOIKA P.O.,
PAVITHRESWARAM, KOLLAM, PIN - 691543
SRI.K.SIJU
SMT.ANJANA KANNATH
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA AT ERNAKULAM, PIN - 682031
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BAIL APPL. NO. 1677 OF 2026
2
2 THE STATION HOUSE OFFICER
EZHUKONE POLICE STATION,
KOLLAM DISTRICT, PIN - 691505
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 1677 OF 2026
3
ORDER
This application is filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-
arrest bail.
2. The applicants are accused Nos.1 to 4 in Crime
No.204/2026 of Ezhukone Police Station, Kollam District. The
offences alleged are punishable under Sections 126(2), 118(1),
115(2), 117(2) and 296(b) read with Section 3(5) of the Bharatiya
Nyaya Sanhita, 2023 (for short 'BNS').
3. The prosecution case, in short, is that on 12.02.2026 at
10.30 p.m., some persons had assaulted the friend of the
complainant named Anurag. The complainant had given a
complaint to the police regarding the said assault and thereafter
he had gone to the residence of Anurag to give him the slip of the
complaint at 4.45 a.m. on 13.02.2026. Then, at a place called
Mechira, the accused had attacked the complainant. The accused
No.1 had struck the left side of his leg with an iron rod while he
was sitting on his motorcycle. The complainant fell down from the
motorcycle. Then, the accused No.3 struck his stomach with a
metal rod. The accused No.1 exhorted others to kill him. Then, the
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BAIL APPL. NO. 1677 OF 2026
other accused had beaten him with their hands. The accused No.2
fisted on his nose. When people began to assemble, the accused
ran away. The complainant was taken to the Taluk Hospital. The
injury on his head was a long one and it was repaired with 12
stitches. The scan revealed a fracture of his nasal bone.
4. I have heard Sri.Siju Kamalasanan, the learned counsel
for the applicants and Sri.K.A.Noushad, the learned Senior Public
Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted that
the applicants are innocent and has been falsely implicated in the
above crime. The counsel further submitted that no materials are
on record to connect the applicants with the alleged crime; hence,
they are entitled to bail. The learned Senior Public Prosecutor, on
the other hand, submitted that the alleged incident occurred as
part of the applicants' intentional criminal acts, and if they are
released on bail at this stage, it will affect the course of the
investigation.
6. I went through the FIS. Specific overt act has been
attributed to the accused No.1, who is the applicant No.1 herein.
He has used a weapon. The defacto complainant has sustained a
fracture in the incident. Hence, I am of the view that he cannot be
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BAIL APPL. NO. 1677 OF 2026
granted pre-arrest bail. However, no serious overt act has been
attributed to accused Nos.2 to 4, who are applicants Nos.2 to 4
herein. They have also not used any weapon. Hence, I am of the
view that their custodial interrogation is not necessary and they
can be released on bail.
In the result, the application is allowed in part as follows:-
(i) The applicant Nos.2 to 4 shall be released on bail in the
event of their arrest on executing a bond for Rs.1,00,000/-
(Rupees One lakh only) each with two solvent sureties for the like
sum each to the satisfaction of the arresting officer/investigating
officer, as the case may be.
(ii) The applicant Nos.2 to 4 shall fully cooperate with the
investigation, including subjecting themselves to the deemed
police custody for discovery, if any, as and when demanded.
(iii) The applicant Nos.2 to 4 shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m. every
Saturday until further orders. They shall also appear before the
investigating officer as and when required.
(iv) The applicant Nos.2 to 4 shall not commit any offence
of a like nature while on bail.
(v) The applicant Nos.2 to 4 shall not attempt to contact
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any of the prosecution witnesses, directly or through any other
person, or in any other way try to tamper with the evidence or
influence any witnesses or other persons related to the
investigation.
(vi) The applicant Nos.2 to 4 shall not leave the State of
Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of bail
conditions or cancellation of bail on the grounds of violating the
bail conditions shall be filed at the jurisdictional court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
NP
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BAIL APPL. NO. 1677 OF 2026
APPENDIX OF BAIL APPL. NO. 1677 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE COPY OF FIR IN CRIME NO.204/2026 OF
EZHUKONE POLICE STATION DATED 20.2.2026
Annexure A2 THE COPY OF FIR IN CRIME NO.203/2026 OF
EZHUKONE POLICE STATION DATED 20.2.2026
Annexure A3 THE COPY OF COMMON ORDER IN B.A
NO.503/2026 AND B.A NO.514/2026 DATED
06.03.2026 ON THE FILE OF SESSIONS
COURT, KOLLAM
