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) 13182

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
HENRY PAUL – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1033 OF 2026 | BAIL APPL. NO. 1035 OF 2026 | BAIL APPL. NO. 1066 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.SARATH BABU KOTTAKKAL, SHRI.SEBASTIN, SMT.KARTHIKA S., SRI.NIREESH MATHEW
For the Respondents: SRI.M.C.ASHI – SR.PP, SRI.K.A.NOUSHAD-SR.PP

The applicants were entitled to bail due to insufficient evidence linking them to the crime and the completion of the investigation.

Headnote:This judgment addresses bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning Crime No.150/2026 of the Cherpu Police Station. The court determined that the applicants, falsely implicated, were entitled to bail based upon the almost completed investigation and the lack of sufficient evidence connecting them to the crime. The court concluded that continued detention was unnecessary and specified conditions for the bail's execution.

Table of Content
1. factual details of the case and accusations against the applicants. (Para 2 , 3)
2. arguments presented by the defense and prosecution regarding bail eligibility. (Para 4 , 5)
3. court's determination on bail application and conditions outlined. (Para 6)

O R D E R

These three bail applications are connected and hence they are disposed of by a common order. They are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ) seeking regular bail.

2. These bail applications pertain to Crime No.150/2026 of Cherpu Police Station, Thrissur District. The applicants in B.A.No.1033 of 2026 are accused Nos.14, 23, 25 to 28 and 30 to 34, the applicant in B.A.No.1035 of 2026 is the accused No.17 and the applicant in B.A.No.1066 of 2026 is the accused No.18 in the above said crime. The offences alleged are punishable under Sections 310 (4), 310(5), 310(6), 111(1), 111(3) and 111(4) of the Bharatiya Nyaya Sanhita , 2023 and Section 27 of Arms Act , 1959.

3. The prosecution case, in short, is as follows: The police received secret information that accused Nos. 1 to 34 had gathered at Panamkulam for the criminal conspiracy to commit highway dacoity and the police thereafter proceeded to the resort where the accused had gathered on 10.2.2026 at 7:15 p.m., and conducted search of the said building and premises, recovered dangerous weapons such as iron rods, iron sword, wooden sticks, pepper powder, chilly powder and recovered 18 vehicles and 33 mobile phones belonging to the applicants and thereby committed the offences.

4. I have heard the learned counsel for the applicants and the learned Senior Public Prosecutors. 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 Prosecutors 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 applicants were remanded to judicial custody on 10.02.2026. According to the applicants, they were conducting a birthday party. The investigation is almost over and the recovery has been effected. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

In the result, these bail applications are allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE

APA

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