Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 12472

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
BYJU S R – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 797 OF 2026

Advocates:
For the Appellants/Petitioners: SRI.SRIKANTH THAMBAN, SRI.FIRDOUSE.K.K, SRI.ALTHAF NABEEL, SRI.ROLDEX R.
For the Respondents: SRI.K.A.NOUSHAD, SR.PP

Pre-arrest bail dismissal with liberty to seek regular bail, reflecting on bailable nature of modified charges.

Headnote:The application for pre-arrest bail was filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning applicants accused in Crime No.23/2026, originally facing charges under several sections which later included an amendment. The Court determined the offences were bailable post-investigation, thus dismissing the application while granting liberty to seek regular bail in trial court. The dismissal was based on the nature of the charges originally laid out, with the Prosecutor confirming modifications made during investigation, affecting conditions surrounding bail.

Result: The bail application is dismissed with directions.

Table of Content
1. nature and modifications of charges impacting bail. (Para 2)
2. court's findings on bail eligibility. (Para 3)

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicants are accused Nos.1 to 4 in Crime No.23/2026 of Valappatanam Police Station, Kannur District. The offences alleged are punishable under Sections 189 (2), 191(2), 126(2), 115(2), 118(2) and 351(2) read with Section 190 of the Bharatiya Nyaya Sanhita , 2023.

3. The learned Prosecutor, on instructions, submitted that on investigation, Sections 118 (2) and 351(2) were deleted and instead Section 117 (2) is incorporated. Thus, all the offences are now bailable in nature.

Accordingly, this bail application is dismissed with liberty to the applicants to surrender before the trial court and move for regular bail.

Sd/-

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2026 Supreme(Online)(Ker) 12472

IN THE HIGH COURT OF KERALA AT ERNAKULAMDR. KAUSER EDAPPAGATH, JBYJU S R – AppellantVersusSTATE OF KERALA – RespondentBAIL APPL. NO. 797 OF 2026

Pre-arrest bail dismissal with liberty to seek regular bail, reflecting on bailable nature of modified charges.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
BYJU S R – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 797 OF 2026