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2026 Supreme(Online)(Ker) 1273
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SAKTHIVEL SENTHILKUMAR – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14850 OF 2025 | CRIME NO.419/2025
For the Appellants/Petitioners: SHRI.MANU NAIR G., SHRI.BHARATH MURALI, SRI.THOMAS P.MAKIL, SHRI.GENGADHARAN K.R., SHRI.AJAY SANKAR, SHRI.SIDHARTH MURALI
For the Respondents: SMT.M.K.PUSHPALATHA, SR. PP.
The court emphasized the need for sufficient evidence for pre-arrest bail, balancing the rights of the accused against the interests of justice.
Headnote:The application seeks pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) due to alleged theft involving the applicant. The court highlights that there is currently insufficient evidence to warrant custodial interrogation for the applicant, granting bail with specific conditions. The court determines that the nature of the evidence collected and the almost completed investigation support the decision to provide bail on specified terms. The main issues include the applicant's alleged involvement and evidence sufficiency as per the statements and footage presented. The court elucidates reasoning by noting no necessity for custodial interrogation and focuses on ensuring the applicant complies with investigation procedures while on bail. The application is allowed with multiple conditions, including bond execution, cooperation with the investigation, regular appearances before the investigating officer, and prohibition against committing further offences or tampering with evidence.
| Table of Content |
|---|
| 1. application for pre-arrest bail filed. (Para 1 , 2) |
| 2. summary of accusations against the applicant. (Para 3) |
| 3. arguments presented by both sides regarding bail. (Para 4 , 5) |
| 4. court observations on the sufficiency of evidence. (Para 6) |
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.4 in Crime No.419/2025 of Walayar Police Station, Palakkad District. The offences alleged are punishable under Sections 3 29 (3), 303(2) read with Section
3(5) of Bharatiya Nagarik Suraksha Sanhita ( BNSS ).
3. The prosecution case, in short, is that during the intervening night of 20.05.2025 and 21.05.2025, accused Nos.1 to 4 committed theft of iron materials from G.R. Industries, Kanjikode and thereby committed the offences.
4. I have heard Sri.Manu Nair G, the learned counsel for the applicant and Smt.Pushpalatha M.K, 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 Senior 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. Initially, accused Nos.1 to 3 alone were arrayed as accused. They were arrested and later on released on bail. The stolen articles were recovered also. Thereafter, on the basis of the confession statement given by accused No.3, the applicant herein has been arrayed as accused No.4. It is submitted by the learned Senior Public Prosecutor that apart from the confession statement, the CCTV footage also reveals the involvement of the applicant. However, since the investigation is almost over and the stolen articles were already recovered, the custodial interrogation of the applicant is not necessary. For these reasons, I 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.
(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 Sru
