IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ATHUL THOMAS – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 563 OF 2026 | BAIL APPL. NO. 564 OF 2026 | BAIL APPL. NO. 577 OF 2026 | BAIL APPL. NO. 608 OF 2026
| Table of Content |
|---|
| 1. overview of bail applications and allegations. (Para 4) |
| 2. court's observations on allegations and accused. (Para 5 , 7) |
| 3. arguments for and against bail. (Para 6) |
| 4. decision regarding anticipatory bail. (Para 8) |
O R D E R
These four bail applications are connected and hence they are disposed of by a common order. They are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.
2. All these bail applications pertain to Crime No.10 of 2026 of Panangad Police Station, Ernakulam District. Accused Nos. 1, 5 and 6 are the applicants in B.A.No.564 of 2026, accused No.2 is the applicant in B.A.No.563 of 2026, accused Nos. 3 and 4 are the applicants in B.A.No.577 of 2026 and accused No.9 is the applicant in B.A.No.608 of 2026.
3. The offences alleged are punishable under Sections 115(2), 118(1), 126(2), 296(b), 329(4) and 333 of theBharatiya Nyaya Sanhita, 2023.
4. The prosecution case, in short, is that the applicants along with other accused persons inflicted bodily injury to the defacto complainant, criminally trespassed into his house and brought the defacto complainant out of his house. Further he was assaulted using a stone covered with a cloth. His parents intervened and the other accused persons pushed them down and kicked them. Accused Nos. 2 to 10 also assaulted the defacto complainant and thereby committed the offences.
5. I have heard the learned counsel for the applicants and the learned Senior Public Prosecutors. Perused the case diary.
6. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Senior Public Prosecutors, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.
7. I went through the FI statement. Clear overt act has been alleged against accused Nos.1 to 5. They trespassed into the house of the defacto complainant and assaulted him with a weapon. However, accused No.6, who is the applicant No.3 in B.A.No. 564 of 2026 and accused No.9, who is the applicant in B.A.No. 608 of 2026 are not named in the FI Statement. Hence, I am of the view that they can be granted anticipatory bail. That apart, accused No.4, who is the applicant No.2 in B.A.No.577 of 2026, is a lady and there is allegation that she was molested by the defacto complainant. Hence, I am of the view that she can also be granted anticipatory bail.
8. However, considering the allegations levelled against the remaining accused, their custodial interrogation is necessary and they cannot be released on anticipatory bail. The learned counsel for accused Nos.1 to 3 and 5 submitted that accused Nos.1 to 3 and 5 are prepared to surrender before the investigating officer.
In the result, accused Nos.4, 6 and 9 are released on bail on the following conditions:-
(i) The accused Nos.4, 6 and 9 shall be released on bail in the event of their arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be. (ii) The accused Nos.4, 6 and 9 shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.
(iii) The accused Nos.4, 6 and 9 shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. They shall also appear before the investigating officer as and when required.
(iv) The accused Nos.4, 6 and 9 shall not commit any offence of a like nature while on bail.
(v) The accused Nos.4, 6 and 9 shall not attempt to co
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