SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 12112

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
NIJAS – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 852 OF 2026 | CRIME NO.635/2025



Advocates:
For the Appellants/Petitioners: Shri. Joseph Chandy
For the Respondents: Sri. M.C. Ashi, Sr. PP

The denial of bail was justified based on the serious nature of the offences and the applicants' criminal antecedents.

Headnote:This application pertains to bail filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to crimes including robbery and physical assault (Sections 332(b), 310(2) and 61(2)(a) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023). The prosecution alleges a concerted effort to commit robbery, threatening the complainants with a knife and physical violence. The Court found that the applicants have serious charges with prior criminal records, justifying the denial of bail. The Court emphasized the gravity of the offences and denied bail due to the nature of the alleged crime, deeming the applicants unfit for release at this stage. The bail application is dismissed.

Table of Content
1. bail application filed under bnss concerning robbery and assault. (Para 1 , 2 , 3)
2. arguments presented for innocence and denial of bail. (Para 4 , 5)
3. court's consideration of serious charges and denial of bail. (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 applicants are the accused Nos.1 to 3 and 5 in Crime No.635/2025 of Pandikkad Police Station, Malappuram District. The offences alleged are punishable under Sections 332(b), 310(2) and 61(2)(a) read with 3(5)

of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that at about 02:45 a.m. on 29.12.2025, the accused Nos.1 to 5 in furtherance of their common intention to commit robbery, wearing pardha, criminally trespassed into the house of the de facto complainant at Kuttippuli, Pandikkad and physically assaulted the de facto complainant, her father and children and threatened to kill them pointing a knife at them. It is further alleged that the accused persons robbed the gold bangle weighing ¾ sovereigns worth Rs.75,000/- of the de facto complainant and her younger sister’s mobile phone worth Rs.15,000/-. Thus, the applicants are alleged to have committed the aforementioned offences.

4. I have heard Sri. Joseph Chandy, the learned counsel for the applicants and Sri. M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are 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 applicants, and they are not entitled to bail at this stage.

6. The accused Nos.1, 3 and 5 were arrested on 01.01.2026 and the accused No.2 was arrested on 30.12.2025. A perusal of the case diary would reveal that the accusation against the applicants is very serious, and it prima facie shows a premeditated criminal act on their part. The applicants have strong criminal antecedents.

They are involved in so many other crimes of similar nature. Specific overt acts have been alleged against the applicants in the FIS. Considering the nature of the crime, the gravity of the offence, the complicity of the applicants in it, and the facts and circumstances mentioned above, I am of the view that the applicants cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top