Nandan.N vs State Of Kerala
2026 Latest Caselaw 2469 Ker

Citation : 2026 Latest Caselaw 2469 Ker
Judgement Date : 31 March, 2026

[Cites 6, Cited by 0]

Kerala High Court

Nandan.N vs State Of Kerala on 31 March, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

B.A.No.1736/2026
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                                                          2026:KER:28832

             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. 1736 OF 2026

      CRIME NO.350/2026 OF Neyyattinkara Police Station,

                             Thiruvananthapuram

      AGAINST THE ORDER DATED 18.3.2026 IN BA NO.958 OF 2026

OF SESSIONS COURT, THIRUVANANTHAPURAM

PETITIONER/ACCUSED NO.3:

           NANDAN.N, AGED 27, S/O NALINAKSHAN. M, PUTHEN
           KALLUVILA VEEDU, AYAYIL, ARUVIPURAM P.O,
           THIRUVANANTHAPURAM, PIN - 695126

           BY ADVS. SHRI.AMARJITH VADUVANKUTY
           SHRI.GOVIND V.I.




RESPONDENT:

           STATE OF KERALA
           REPRESENTED BY, PIN - 682031

             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:
 B.A.No.1736/2026
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                                                    2026:KER:28832



                                 ORDER

This application is filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),

seeking pre-arrest bail.

2. The applicant is the accused No.3 in Crime

No.350/2026 of Neyyattinkara Police Station, Thiruvananthapuram

District. The offences alleged are punishable under Sections 281,

121(1) and 296(b) of the Bharatiya Nyaya Sanhita, 2023 (for

short, the BNS), Sections 3 and 4 of the Prevention of Damage of

Public Property Act, 1984 and Sections 194C, 194D, 134A, 134(b)

and 205 of the Motor Vehicles Act, 1988.

3. The prosecution case, in short, is that on

9.3.2026 at about 5.30 pm, the applicant rode a scooter bearing

registration No.KL-19/N-6212 carrying the accused Nos. 1 and 2

on the pillion through the Neyyattinkara Public road in a rash and

negligent manner, without wearing helmet and without giving side

to the ambulance. When the scooter reached in front of the

General Hospital, Neyyattinkara, it hit against the jeep of

Neyyattinkara Police Station which was parked in front of the

hospital and thereafter moved ahead. When the defacto

complainant and other police officials obstructed the scooter, the

2026:KER:28832

accused Nos. 1 and 2 uttered obscene words against the police

officials, assaulted them, deterred them from discharging their

official duty and thereby committed the offences.

4. I have heard Sri. Amarjith Vaduvankutty, the

learned counsel for the applicant and Sri. K.A. Noushad, the

learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted

that the applicant is innocent and has been falsely implicated in

the above crime. The counsel further submitted that no materials

are on record to connect the applicant with the alleged crime;

hence, he is entitled to bail. The learned Public Prosecutor, on the

other hand, submitted that the alleged incident occurred as part of

the applicant's intentional criminal acts, and if he is released on

bail at this stage, it will affect the course of the investigation.

6. The FIR was registered suo motu. I went

through the FIS. No serious overt act has been attributed against

the applicant, except the fact that he was driving the scooter in

question. There is no allegation that he had obstructed the duty

of the police officials so as to attract the offence under Section

121(1) of the BNS. The applicant has no criminal antecedents.

Considering the allegations made against the applicant, his

custodial interrogation seems unnecessary. For these reasons, I

2026:KER:28832

find this to be an appropriate case to grant pre-arrest bail to the

applicant.

In the result, the application is allowed on the following

conditions:-

(i) The applicant shall be released on bail in the

event of his arrest on executing a bond for Rs.1,00,000/- (Rupees

One lakh only) 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 shall fully cooperate with the

investigation, including subjecting himself to the deemed police

custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the

investigating officer between 10.00 a.m. and 11.00 a.m. every

Saturday until further orders. He shall also appear before the

investigating officer as and when required.

(iv) The applicant shall not commit any offence of a

like nature while on bail.

(v) The applicant shall not attempt to contact 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.

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(vi) The applicant 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 kp

2026:KER:28832

APPENDIX OF BAIL APPL. NO. 1736 OF 2026

PETITIONER ANNEXURES

Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.