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) 15009

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SAJINSHA – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 908 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.LATHEESH SEBASTIAN
For the Respondents: SMT.SREEJA V., SR. PP

The court emphasizes the seriousness of bail violations, justifying the refusal of bail in light of premeditated criminal actions.

Headnote:The present application seeks bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner, accused in Crime No.1143/2025, allegedly committed serious offenses including intimidation and trespass. The court determined that the applicant's previous bail violations warranted the dismissal of the application, noting the serious nature of the allegations and lack of new factors to justify bail. The application is dismissed.

Table of Content
1. facts regarding the accusations and nature of crimes. (Para 2)
2. arguments presented by the counsel regarding bail. (Para 5)
3. court's rationale for denying bail due to prior violations. (Para 6)

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.1143/2025 of Vattappara Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 79 , 296(b), 324(3), 329(4), 333 and 351(3) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that due to the prior animosity, the applicant trespassed into the house of the de facto complainant on 03.12.2025 at about 10.15 p.m., intimidated the de facto complainant by uttering abusive words, threatened to kill the son of the defacto complainant by exhibiting a knife, broke the lock of the gate of the defacto complainant and thereby committed the aforesaid offences.

4. I have heard Sri. Latheesh Sebastian, 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. On the other hand, the learned Senior 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 28.01.2026. 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 was granted bail by the trial court on 12.12.2025. Thereafter, he violated two bail conditions. Firstly, he violated the condition imposed by the trial court while granting bail to him that, he shall appear before the investigating officer on 26.12.2025 and on 02.01.2026. Secondly, he violated the condition that he shall not commit similar crime during the bail period. He was involved in Crime No.2/2026 of Vattappara Police Station registered for the offences punishable under Sections 79 , 296(b), 324(4), 333 and 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. It is true that in Crime No.2/2026, this Court has granted bail to the applicant. However, the fact that he committed the said crime while on bail in this case was not disclosed while granting bail by this Court in Crime No.2/2026. Since the applicant violated two bail conditions mentioned above, his bail was cancelled and he was re-arrested and remanded to judicial custody. I see no reason to grant bail to the applicant, who has violated the bail conditions. The bail application, accordingly, is dismissed.

Sd/-

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