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2026 Supreme(Online)(Ker) 4323

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
VIJESH KUMAR K – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 335 OF 2026 | CRIME NO.1082/2025



Advocates:
For the Appellants/Petitioners: SRI.P.JAYARAM
For the Respondents: SRI.K.A.NOUSHAD

Seriousness of charges and prior criminal records warrant denial of bail.

Headnote:This judgment concerns a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed by the accused in relation to serious charges, including premeditated assault. The Court considered the severity of the alleged crimes, prior records of the accused, and found no grounds for bail. The Court therefore dismissed the application.

Table of Content
1. nature of the crime and allegations. (Para 2)
2. court's assessment of evidence and prior offenses. (Para 4 , 6)
3. arguments for and against bail. (Para 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 applicants are the accused Nos.1 and 2 in Crime No.1082/2025 of Ottapalam Police Station, Palakkad District. The offences alleged are punishable under Sections 126 (1), 115(2), 351(2) and 109(1) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

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

18.12.2025 at 6.00 p.m at Varode, due to previous animosity towards the defacto complainant, the accused wrongfully restrained the defacto complainant, beat him with hand, threatened to kill him, pierced on the neck of the defacto complainant with knife and thereby committed the offences.

4. I have heard Sri.P.Jayaram, the learned counsel for the applicants and Sri.K.A.Noushad, 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 20.12.2025. A perusal of the case diary would reveal that the accusation against the applicants is very serious, and it prima facie shows a premeditated criminal act on their part. Specific overt acts have been alleged against the applicants. Moreover, the applicants have criminal antecedents. They have been involved in criminal cases, including offence punishable under Section 302 of the IPC. Considering the nature of the crime, the gravity of the offence, the complicity of the applicants in it, and the facts and circumstances mentioned above, I am of the view that the applicants cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/-

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