IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SIJO.M.J – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 899 OF 2026 | CRIME NO.6/2026
| Table of Content |
|---|
| 1. allegations include serious criminal acts resulting in injuries. (Para 2 , 3) |
| 2. arguments presented regarding bail eligibility. (Para 5) |
| 3. court's assessment of evidence justifies denial of bail. (Para 7) |
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 applicant is the sole accused in Crime No.6/2026 of Aloor Police Station, Thrissur District. The offences alleged are punishable under Sections 126(2), 296(b), 115(2), 118(1), 110 and 351(2) of BNS, 2023.
3. The prosecution case, in short, is that the applicant, enraged by the defacto complainant interfering in attacking the defacto complainant's friend Jomon, on 01.01.2026 at 1.30 hours inside the Panat Regency Bar, Kuzhikkattussery, called out the words ' ' and fisted him on പുലയാടി മ(cid:8)ാനെ(cid:10) (cid:10)ിനെ(cid:11) നെ(cid:12)ാല്ലും
his chest. As the defacto complainant fell down, the applicant beat the defacto complainant with a wooden stick and again attacked him by wielding a blow on his head and thereby committed the offences.
4. I have heard Sri. Vishnuprasad Nair, the learned counsel for the applicant and Smt. Sreeja V., 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. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.
6. The law regarding the grant or refusal of pre-
arrest bail is well settled. Pre-arrest bail cannot be granted as a matter of course. The power under Section 482 of BNSS could be exercised only when a special case is made out, that too, recording reasons thereof. Perusal of the case diary reveals that the accusation made against the applicant is very serious in nature, and it prima facie shows a premeditated criminal act on his part. The applicant has criminal antecedents. He is in the rowdy list also. Specific overt act has been alleged against him.
The defacto complainant also sustained injury in the incident.
7. The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Senior Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the investigation cannot be ruled out if he is released on bail. Considering the gravity of the offence and stage of the investigation, I am of the view that this is not a fit case where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked. The bail application is, accordingly, dismissed.
Sd/-
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