2026 Supreme(Online)(Ker) 2223
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
KAMIL – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 34 OF 2026
For the Appellants/Petitioners: SRI.V.A.JOHNSON
For the Respondents: SRI.M.C.ASHI, SR. PP.
A bail application can be granted on the basis of insufficient evidence and lack of criminal antecedents, subject to conditions ensuring compliance.
Headnote:This judgment addresses a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by an accused in a criminal case involving serious charges. The court analyzed the evidence presented and determined that the applicant did not pose a risk to the investigation nor had any prior criminal antecedents, concluding that bail should be granted under specific conditions to ensure compliance with the law. The core legal questions revolved around the applicant's entitlement to bail given the lack of evidence connecting him to the crime, ultimately leading to the decision to allow bail based on the circumstances surrounding the case.
| Table of Content |
|---|
| 1. bail application filed under the bnss. (Para 1) |
| 2. the applicant is accused of serious crimes related to an incident involving police. (Para 2 , 3) |
| 3. arguments presented by counsel for both sides regarding bail. (Para 4 , 5) |
O R D E R
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 No.3 in Crime No.1263/2025 of Vadakkancherry Police Station, Palakkad District. The offences alleged are punishable under Sections 189 (2), 191(2), 191(3), 109, 121(1) r/w Section 190 of Bharatiya Nyaya Sanhita ( BNS ) and Section 3 (2)(e) of Prevention of Damage to Public Property Act (PDPP), 1984.
3. The prosecution case, in short, is that on 01.11.2025, between 01.06 a.m. and 01.11 a.m., while the Sub-Inspector of Police, Vadakkancherry, was conducting night patrol duty along with the accompanying Civil Police Officer (CPO), they noticed an Eicher lorry bearing Registration No. UP15-HT-7271, which was suspected to be involved in a case registered in connection with the theft of diesel from other lorries parked along the Palakkad–Thrissur National Highway, proceeding from the Palakkad side and passing in front of the police jeep. Upon noticing the said vehicle, the Sub-Inspector of Police, along with the CPO who was on driver duty, chased the lorry in the official police jeep and, after overtaking it, signalled the driver to stop. However, the accused No.1, who was driving the lorry at the relevant time, intentionally rammed the lorry into the rear of the police jeep, thereby attempting to murder the police officials and using criminal force to deter them from the discharge of their official duties. By the said act, the accused caused damage to the police jeep, a public property, to the tune of ₹1,00,000/-, and thereby committed the offences mentioned above.
4. I have heard Sri.V.A.Johnson, the learned counsel for the applicant and Sri.M.C.Ashi, 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 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 Senior 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
01.11.2025. The investigation is almost over. The applicant was only a passenger in the lorry. The applicant does not have any criminal antecedents. 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 deposit a sum of Rs.20,000/-
(Rupees twenty thousand only) before the jurisdictional Magistrate simultaneously with the execution of the bond. The applicant is entitled to get refund of the amount so deposited, in the event he is found not guilty and acquitted.
(iii) The applicant shall fully co-operate with the investigation.
(iv) 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.
(v) The applicant shall not commit any offence of a like nature while on bail.
(vi) 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