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2026 Supreme(Online)(Ker) 651

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
NOUSHAD – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14848 OF 2025 | CRIME NO.868/2025



Advocates:
For the Appellants/Petitioners: SRI.V.A.VINOD, SHRI.SUHAIL M.
For the Respondents: SRI.U.JAYAKRISHNAN- PP

Court granted bail based on lack of evidence for continued detention and specific conditions to ensure compliance with the investigation.

Headnote:This application concerns bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, related to alleged offences under Sections 126(2), 74, 78(1)(i), 296(b), and 351(1) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges threatening behavior and attempts to compel the victim against her will. The court finds no reason to deny bail as the investigation is nearly complete. The applicant is granted bail subject to conditions aimed at ensuring cooperation with ongoing investigations and prohibiting contact with potential witnesses.

Table of Content
1. section 483 application for bail regarding serious accusations. (Para 1 , 2)
2. debate on evidence and bail eligibility. (Para 4 , 5)
3. conditions for granted bail affirmed. (Para 6)

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused in Crime No.868/2025 of Kozhinjampara Police Station, Palakkad District. The offences alleged are punishable under Sections 126 (2), 74, 78(1)(i), 296(b) and 351(1) of the Bharatiya Nyaya Sanhita , 2023.

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

24.11.2025 at around 10 am, the applicant who was the ex-lover of the victim, followed her in a car and from the road he tried to take her into the car, caught hold of her hands, tried to push her and used abusive words against her. It is further alleged that at 12.50 pm on 25.11.2025, he called her husband and threatened him that if he doesn't give the victim, he will kill him and also threatened her that if she doesn't go with him, he will pour acid on her face and thereby committed the above offences.

4. I have heard Sri. V.A. Vinod, the learned counsel for the applicant and Sri. U. Jayakrishnan, the learned 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 present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 26.11.2025. The investigation is almost over. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(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.

(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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

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