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2026 Supreme(Online)(Ker) 4322

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
EDWIN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 333 OF 2026 | CRIME NO.743/2024



Advocates:
For the Appellants/Petitioners: SHRI.JERRY MATHEW, SMT.DEVIKA K.R., SMT.SANTRA ANIX KALLUZHATHIL
For the Respondents: SRI.M.C.ASHI, SR. PP

The court determined the accused's serious involvement in the crime and denied bail, citing the severity of charges and prior criminal activities.

Headnote:This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail for the applicant who is accused No.20 in Crime No.743/2024. The prosecution alleges that the applicant was involved in a premeditated abduction and theft. The court finds the charges serious and indicates that the applicant's release on bail is not warranted at this stage. Issues include the innocence of the applicant and the connectedness to the crime; the court emphasizes the intensity of the accusation and past criminal activities. The final outcome is that the bail application is dismissed.

Table of Content
1. accusation of serious crimes including abduction and theft. (Para 1 , 2)
2. arguments for bail versus prosecution's case. (Para 4 , 5)
3. court's serious consideration of the applicant's criminal history. (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 No.20 in Crime No.743/2024 of Peechi Police Station, Thrissur District. The offences alleged are punishable under Sections 126 (2), 137(2), 310(2), and 111(1) of the Bharatiya Nyaya Sanhita , 2023.

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

25.09.2024 at about 11.15 hours, the accused Nos. 1 to 12 along with the remaining accused came in three cars from NH 544 while the defacto complainant was travelling in a car bearing registration No.KL-01 BN 6383 along with his friend Roji Thomas. When they reached near Kallidukku Service Road, an Innova car used by the accused blocked the car of the defcto complainant and thereafter two other cars blocked the car of the defacto complainant from the back side and left side. Thereafter, the defacto complainant and his friend were abducted, physically assaulted, threatened by showing a knife and the accused had stolen 2630 grams of gold ornaments in the possession of the defacto complainant having a value of ₹1,84,00,000/- and thereby committed the offences.

4. I have heard Sri. Jerry Mathew, 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 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 17.10.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The allegation in the final report would show that the applicant is the kingpin behind the crime. Moreover, the applicant has criminal antecedents and he is involved in ten other crimes. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage.

The bail application, accordingly, is dismissed.

Sd/-

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