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2026 Supreme(Online)(Ker) 8502

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SUJATHA AGED 46 YEARS, W/O. KANNAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.V.A.Johnson (Varikkappallil)
For the Respondents: Sri.K.A.Noushad, SR. PP

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The application was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail for the accused persons involved in a case of alleged unlawful assembly and violence (!) .
  • The accused are accused Nos.3 and 5 in Crime No.642/2025, with allegations related to forming an unlawful assembly armed with deadly weapons, trespassing, and causing bodily harm to the complainant and her daughter (!) (!) .
  • The incident reportedly involved the accused dragging the complainant out of her house, assaulting her and her daughter with wooden sticks, and causing bodily injuries (!) .
  • The court observed that no serious allegations have been established against the applicants, and they have no criminal antecedents. The investigation is nearly complete, and custodial interrogation appears unnecessary (!) .
  • The court noted that the main allegations are against accused No.1, who is the son-in-law of the complainant, and the applicants are friends of accused No.1. The court found that there are no overt acts against the applicants that warrant continued detention (!) .
  • The court granted pre-arrest bail to the applicants on conditions including executing a bond of Rs.1,00,000 each with two solvent sureties, cooperating with the investigation, appearing before the investigating officer regularly, not committing similar offences, not contacting witnesses or tampering with evidence, not leaving Kerala without permission, and adhering to bail conditions (!) (!) (!) (!) (!) (!) (!) .
  • The applicants are required to fully cooperate with the investigation, including subjecting themselves to police custody if necessary, and must not interfere with witnesses or the investigation process (!) (!) .
  • Any application for modification or cancellation of bail conditions should be filed before the appropriate jurisdictional court (!) .

Please let me know if you need further analysis or assistance.


Table of Content
1. accusations involve unlawful assembly and violence. (Para 2)
2. court's observations on evidence and position of the applicants. (Para 4 , 5 , 6)

O R D E R

This application is filed underSection 482of theBharatiya Nagarik Suraksha Sanhita, 2023(for short, BNSS ), seeking pre- arrest bail.

2. The applicants are the accused Nos.3 and 5 in Crime No.642/2025 of Kottayi Police Station, Palakkad District. The offences alleged are punishable under Sections 189(2), 191(2), 191(3), 118(1), 126(2), 115(2), 118(1), 333 and 110 read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 and Section 31 (1) of the Protection of Women from Domestic Violence Act, 2005 .

3. The prosecution case, in short, is that on 30.12.2025 at 8.45 p.m., accused Nos.1 to 5, with the common intention to commit riot, formed themselves into an unlawful assembly knowing that they were the members of the gang, armed with a deadly weapon like a wooden stick, trespassed into the defacto complainant's house at Panamthottam, dragged the defacto complainant out into the courtyard, beat her on the head with the wooden stick and beat the defacto complainant's daughter, who was standing in the kitchen, with t

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