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2026 Supreme(Online)(Ker) 11727

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ANAS A.A – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 824 OF 2026 | CRIME NO.896/2025



Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW
For the Respondents: SRI.M.C. ASHI

Bail can be granted if continued detention is unnecessary and no substantial evidence connects the accused to the crime.

Headnote:This bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks regular bail for the accused No.2 in Crime No.896/2025, where serious offences were alleged involving unlawful restraint and injury to the complainant. The court considered the lack of connecting evidence against the accused. The critical issues highlighted included the necessity of continued detention and the entitlement to bail. The court ruled that the detention is not warranted at this stage, allowing the bail application with specific conditions to ensure cooperation with the investigation and prevent witness tampering.

Table of Content
1. nature of alleged offences and accused actions. (Para 2)
2. court's evaluation of the arguments presented. (Para 4)
3. conclusion regarding bail eligibility and conditions. (Para 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 accused No.2 in Crime No.896/2025 of Ottapalam Police Station, Palakkad District. The offences alleged are punishable under Sections 126 (2), 115(2), 118(1), 118(2) and 110 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

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

06.10.2025 at 20.30 hours, accused Nos. 1 to 5, due to the enmity that a complaint was lodged for beating and injuring a person named Abdul Azeez against the friends of accused No.1, the accused wrongfully restrained the defacto complainant, accused No.1 stabbed him with a knife on the muscle of the left hand, accused No.2 hit him with a stone on the fingers of the left hand, accused No.3 kicked him on the chest and accused Nos. 4 and 5 beat him with their hands on the body and thereby the defacto complainant sustained injuries. If the defacto complainant had not blocked the stab by accused by using his hand, he would have sustained serious injury on the chest resulting in his death for which accused Nos.2 to 5 helped and instigated each other and thereby committed the offences.

4. I have heard Sri.Nireesh Mathew the learned counsel for the applicant and Sri.M.C.Ashi, 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 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 04.02.2026. The investigation is almost over. Even though the applicant has criminal antecedents, considering the stage of the investigation and the fact that he has been in custody for the last 14 days, I am of the view that his further detention is not necessary. 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 ofÏcer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating ofÏcer 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/-

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