Bail can be granted when continued detention is not warranted based on the available evidence.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 29^TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947 BAIL APPL. NO. 14813 OF 2025 CRIME NO.1438/2025 OF KUNNAMKULAM POLICE STATION, THRISSUR AGAINST THE ORDER DATED 23.12.2025 IN CMP NO.6215 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM PETITIONERS/ACCUSED NO.1 TO 3:

1 ABHINAV, AGED 22 YEARS S/O. PURUSHOTHAMAN, PANTHAYIL HOUSE, PORKULAM VILLAGE, DESOM, KUNNAMAKULAMTALUK, THRISSUR DISTRICT, PIN -

680503

2 SREEPRAKASH, AGED 22 YEARS S/O. RAVI, VELLAPARAMBIL HOUSE, KUNNAMKULAM VILLAGE, ANAYICKAL DESOM, KUNNAMAKULAM TALUK, THRISSUR DISTRICT, PIN - 680503

3 ABIJITH, AGED 22 YEARS S/O. PRADEEP, NENMANIKKARA HOUSE, PORKULAM VILLAGE, DESOM, KUNNAMAKULAM TALUK, THRISSUR DISTRICT, PIN -

680503 BY ADVS.

SRI.V.V.JOY SMT.SRUTHI RAJIT SHRI.HEMANTH H.

SMT.AZOONTHA ABRAHAM RESPONDENT/STATE & DEFACTO COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031

2 VIBEESH, AGED 52 YEARS, S/O KUMARAN, KOTHOOT HOUSE, MANGADU VILLAGE, PILINJODE DESOM, KUNNAMAKULAM TALUK, THRISSUR DISTRICT, PIN - 680503 SRI.M.C. ASHI, SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

29.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

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

2. The applicants are the accused Nos.1 to 3 in Crime No.1438/2025 of Kunnamkulam Police Station, Thrissur District. The offences alleged are punishable under Sections 189 (2), 189(4), 191(3), 126(2), 118(1), 110 and 190 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the accused persons 1 to 5 with their common intention to commit riot during the festival at Pulinchodu Kothodu temple, threw soda bottles against ladies and children with an intention to make riot. As a result, one child named Charan sustained injuries. The applicant No.1 voluntarily caused hurt to Akshay, who was present there with a stick, when the defacto complainant tried to prevent the act of the accused, the applicant No.1 threw a soda bottle at the head of the defacto complainant and he sustained injuries at his ear. If the defacto complainant had not evaded the attack of applicant No.1 timely, it could have resulted in his death and thereby committed the above offences.

4. I have heard Sri.V.V.Joy, the learned counsel for the applicants and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are 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 applicants, and they are not entitled to bail at this stage.

6. The applicants were remanded to judicial custody on

19.12.2025. The applicants were arrested in the connected Crime No.1434/2025 on 30.11.2025 and their arrest were recorded in this crime on 19.12.2025. The applicants were released on bail in Crime No.1434/2025. Hence, I am of the view that they can be released on bail in this case also. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

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

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

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

(iii) The applicants shall appear befo