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2026 Supreme(Online)(Ker) 2883

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABHILASH – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14886 OF 2025|CRIME NO.1424/2025



Advocates:
For the Appellants/Petitioners: SHRI.HILAL BABU, SHRI.BALASUBRAMANYAN, SHRI.ALIF K.S.
For the Respondents: SMT.M.K. PUSHPALATHA, SR. PP.

An accused can be granted bail if the evidence presented does not sufficiently connect them to the alleged crime.

Headnote:The court evaluated a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case involving an alleged murder attempt. The applicant argued innocence with no evidence connecting him to the crime, while the prosecution claimed intentional criminal actions. The court found the evidence insufficient to justify continued detention, allowing bail under specified conditions.

Result: The application is allowed subject to conditions.

Table of Content
1. details of alleged crime and bail application. (Para 1 , 2)
2. arguments from both parties regarding bail application. (Para 4 , 5)

O R D E R

This is the second bail application filed under Section

483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the sole accused in Crime No.1424 of 2025 of Aryanad Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 296 (b), 109 and 118(1) of the Bharatiya Nyaya Sanhita , 2023.

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

25.11.2025 at about 1:30 p.m., at Mumpala Junction, the applicant attempted to commit murder of the defacto complainant by repeatedly stabbing him with a scissor, caused grievous injuries and thereby committed the offences.

4. I have heard Sri.Hilal Babu, the learned counsel for the applicant and Smt.M.K.Pushpalatha, 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

26.11.2025. The investigation is almost over and the recovery has already been effected. The applicant has no 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 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/-

DR. KAUSER EDAPPAGATH, JUDGE

APA

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