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2026 Supreme(Online)(Ker) 6606

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
UNNIKRISHNAN B.M – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 700 OF 2026 | CRIME NO.82/2026



Advocates:
For the Appellants/Petitioners: SRI.D.KISHORE, SMT.MEERA GOPINATH, SRI.R.MURALEEKRISHNAN, SHRI.ANANT KISHORE
For the Respondents: SMT.SREEJA V., SRI.SUMAN CHAKRAVARTHY, SMT.K.R.RIJA, SMT.BREJITHA UNNIKRISHNAN, SHRI.SUDEESH K.E., SHRI.PRAHLADH S.P.

The absence of evidence linking the accused to the suicide negates the requirement for continued detention.

Headnote:{'statute_analysis': 'This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. The offences alleged are punishable under Sections 85 and 108 of Bharatiya Nyaya Sanhita, 2023.', 'facts_of_the_case': 'The applicant, sole accused in Crime No.82/2026, is implicated in the suicide of his wife and mother-in-law on 21.01.2026, allegedly due to cruelty. The applicant fled to Ireland after the incident but returned shortly before the suicide.', 'findings_of_court': 'The court found no evidence linking the applicant to the suicide; hence, he is entitled to bail.', 'issues': 'The core issue is whether the applicant is entitled to bail considering the allegations against him.', 'ratio_decidendi': 'The court held that lack of evidence in the suicide note precludes a connection to any intention, aid, or abetment from the applicant, validating his bail entitlement.', 'result': 'The application is allowed on various conditions regarding bail compliance and cooperation with the investigation.'}

Table of Content
1. application for bail filed under the bnss. (Para 1 , 2)
2. court evaluates evidence for granting bail. (Para 3 , 4 , 5)

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 sole accused in Crime No.82/2026 of Poonthura Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 85 and 108 of Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the victim who is the wife of the applicant committed suicide along with her mother on 21.01.2026 between 12 noon and 1.00 p.m. at their house on account of the cruelty exercised by the applicant and thereby committed the above offences.

4. I have heard Sri.Kishore D., the learned counsel for the applicant, Sri.Suman Chakravarthy, learned counsel for the additional 3rd respondent and Smt.Sreeja V., 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 as well as the learned counsel for the additional 3rd respondent 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 23.01.2026. The marriage between the applicant and his deceased wife took place in the year 2019. He was employed at Ireland. He came to India on 20.01.2026. The applicant’s wife and her mother committed suicide on the next day. A copy of the WhatsApp message sent by the wife of the applicant and her mother as well as the suicide note of the wife of the applicant are produced. I went through it. Of course, there are allegations that they have committed suicide on account of the cruelty exercised by the applicant and the applicant is responsible for their death. However, in the suicide note there is no indication that there was any intention, aid or abetment to commit suicide. 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 India 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/-

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