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2026 Supreme(Online)(Ker) 12811

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
FAZAL K P – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 984 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.VARGHESE SABU
For the Respondents: SRI.M.C. ASHI, SR. PP

The court denied bail based on the serious nature of the allegations and the applicant's criminal history.

Headnote:This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking bail in connection with Crime No.1429/2025. The offense alleged is punishable under Section 304(2) of the Bharatiya Nyaya Sanhita, 2023. The court found serious accusations against the applicant concerning a premeditated criminal act and prior criminal antecedents. It framed the issue of bail, underscoring the gravity of the offense and lack of materials for innocence. The court reasoned that the applicant’s history and the nature of the crime did not warrant bail. The result: the bail application is dismissed.

Table of Content
1. application filed for bail under specific provisions. (Para 1 , 2)
2. arguments from counsel regarding innocence and implications. (Para 4 , 5)
3. court's assessment of the nature of allegations. (Para 6)

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 in Crime No.1429/2025 of Kalamassery Police Station, Ernakulam District. The offence alleged is punishable under Section 304 (2) of the Bharatiya Nyaya Sanhita , 2023.

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

20.11.2025 at 1.10 pm, the applicant came to the shop of the defacto complainant and demanded an A4 size paper. While she was taking the paper, the applicant snatched her gold chain weighing 1½ sovereigns, ran away and thereby committed the offence.

4. I have heard Sri. Varghese Sabu, 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 12.1.2026. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The applicant has criminal antecedents. He is involved in two other similar crimes. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

sd/-

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