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2026 Supreme(Online)(Ker) 11739

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SAFEK – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 943 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.RASSAL JANARDHANAN A., SRI.P.R.AJAY, SHRI.THAREEQ ANVER, SHRI.K.U.SWAPNIL, SHRI.ABHISHEK M. KUNNATHU
For the Respondents: SRI.M.C. ASHI, SR. PP

The court confirmed bail under specific conditions due to the lack of substantial evidence against the accused and the near completion of the investigation.

Headnote:This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. The applicant is accused in Crime No.1486/2025 for alleged offences under the Bharatiya Nyaya Sanhita, 2023. The applicant denied implications, asserting innocence while the prosecution argued intentional criminal acts. The investigation is nearly complete, and the applicant has no past criminal records. Therefore, the bail is granted under specified conditions. The applicant is entitled to be released on bail.

Table of Content
1. allegations against the accused regarding intentional harm. (Para 2)
2. court's assessment of evidence and bail criteria. (Para 4 , 6)
3. arguments from both sides regarding bail. (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 sole accused in Crime No.1486/2025 of Ponnani Police Station, Malappuram District. The offences alleged are punishable under Sections 126 (2), 115(2), 118(1) and 110 of the Bharatiya Nyaya Sanhita, 2023

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

03.12.2025, at approximately 10:30 PM, the applicant intercepted the complainant at Puthuponnani while he was returning after purchasing groceries. It is alleged that the attack was motivated by a prior altercation earlier that night outside Alpha Hotel, where the complainant refused the applicant’s demand for "Hans" (tobacco). Provoked by this refusal, the applicant, armed with a knife, allegedly swung it at the complainant's neck with the intent to cause death. Although the complainant managed to evade the direct strike to his neck, he sustained a lacerated wound below his left ear. The prosecution asserts that had the complainant not dodged the blow, it would have resulted in his death. Thus, the applicant committed the above offences.

4. I have heard Sri.Rassal Janardhanan A., the learned counsel for the applicant and Sri.M.C.Ashi, the learned 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 13.01.2026. The investigation is almost over. The recovery has been effected. 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 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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