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2026 Supreme(Online)(Ker) 8892

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABDUL AZEEZ K A – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 356 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.V.VINAY, SRI.M.S.ANEER, SHRI.ANILKUMAR C.R., SHRI.SARATH K.P., SHRI.K.S.KIRAN KRISHNAN, SHRI.AKASH CHERIAN THOMAS, SMT.DIPA V., SHRI.AZAD SUNIL, SHRI.T.P.ARAVIND, SMT.AKSHARA S., SHRI.MAHESWAR PADICKAL
For the Respondents: SRI.P.K.SUBHASH, SMT.JENI JOHN, SRI.K.A. NOUSHAD, SR. PP

Bail is granted due to insufficient grounds for continued detention pending trial, conditional upon cooperation with authorities.

Headnote:The petitioner, seeking bail under Section 483 of BNSS, claims innocence against charges under Sections 126(2), 118(1), and 109 of the Bharatiya Nyaya Sanhita. The court assessed prosecution arguments and remand history, concluding that continued custody is unwarranted. Key issues included the adequacy of evidence and potential risk of tampering. Ultimately, bail is granted with specific conditions to ensure cooperation and prevent further offences.

Table of Content
1. application filed seeking regular bail under bnss. (Para 1 , 2)
2. arguments by counsel for both sides assessed. (Para 4 , 5)
3. court's observations on detention and bail eligibility. (Para 6)

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 applicant is the accused in Crime No.23/2026 of Bakel Police Station, Kasaragod District. The offences alleged are punishable under Sections 126(2), 118(1) and 109 of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that, on 06.01.2026 at 22.30 hours at Haddad Nagar in Pallikara, the applicant, with the intention to kill the informant, had wrongfully restrained the informant and stabbed upon his abdomen with a knife and had also stabbed upon his shoulders and chest and thereby committed the offences.

4. I have heard Sri. S.Rajeev, the learned counsel for the applicant, Sri. K.A.Noushad, the learned Senior Public Prosecutor and the learned Counsel for the

2nd respondent. 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 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 07.01.2026. The investigation is almost over. Recovery has been effected. 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 the State of Kerala 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/-

DR. KAUSER EDAPPAGATH JUDGE ARK APPENDIX OF BAIL APPL. NO. 356 OF 2026 PETITIONER ANNEXURES ANNEXURE I A CERTIFIED COPY OF THE ORDER PASSED BY JUDICIAL MAGISTRATE OF FIRST CLASS-II, HOSDURG IN CMP NO 1/2026 DATED 14.01.2026

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