IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SAJAN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1003 OF 2026 | CRIME NO.1108/2025
| Table of Content |
|---|
| 1. bail application filed under bnss. (Para 1 , 2) |
| 2. arguments regarding applicant's innocence and evidence sufficiency. (Para 4 , 5) |
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 applicant is the sole accused in Crime No.1108/2025 of Town North Police Station, Palakkad District. The offences alleged are punishable under Sections 126 (2), 118(1) and 103(1) of the Bharathiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
20.09.2025 at about 15.00 hours, on Sultanpet - G.B.Road, Palakkad road in front of Chinnan Sons Jewellery, opposite to a textile shop where the defacto complainant works, the applicant, who was standing there in drunken state and causing nuisance to the public, wrongfully restrained one Hari, who was walking nearby, hit him with hand and there occurred scuffle with each other. Due to that grudge, the applicant with an intention to kill, stabbed Hari with a knife on the chest, neck etc. Thereby Hari suffered serious injuries, he was first taken to District Hospital, Palakkad and then to Government Medical College Hospital, Thrissur, where Hari succumbed to the injuries sustained to the chest on 29.09.2025 at 18.00 hours and thereby committed the offences.
4. I have heard Sri.V.A.Vinod, the learned counsel for the applicant and Sri.C.K.Suresh, the learned Special 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 Special 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
21.09.2025. 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 strong criminal antecedents. The learned counsel for the applicant further submitted that grounds of arrest were not communicated to the applicant or his relatives. However, records would show that they were properly communicated to the applicant as well as his mother. 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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