IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ATHUL KRISHNA K.S – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1245 OF 2026 | CRIME NO.80/2026
| Table of Content |
|---|
| 1. bail application filed under specific legal provisions. (Para 1 , 2) |
| 2. innocence of the accused and lack of evidence. (Para 4 , 5) |
| 3. conditions of bail granted by the court. (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 accused No.3 in Crime No.80/2026 of Ernakulam Town North Police Station, Ernakulam District. The offences alleged are punishable under Sections 115 (2), 118(1), 110 and 296(b) read with
3(5) of the Bharatiya Nyaya Sanhita , 2023.
3. The prosecution case, in short, is that on
08.02.2026 at about 08:30 p.m., the applicant along with five other accused persons went to have tea at a shop by name “Malabar Café”, situated within the jurisdiction of this Court, in a Maruti Celerio car bearing Registration No.KL- 46-S-7585 and a Duke motorcycle bearing Registration No.KL-63-H-1229. The accused No.2, who was driving the car, hit the vehicle of the de facto complainant, which resulted in an altercation between the parties. According to the prosecution, the said altercation culminated in a physical scuffle, during which the de facto complainant sustained injuries caused by the co-accused using a nail clipper, glass pieces and a helmet.
4. I have heard Smt. Anjaly T.A., the learned counsel for the applicant and Sri. K.A.Noushad, 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 17.02.2026. The investigation is almost over. No specific overt act has been attributed against the applicant. The only allegation against him is that he assisted the co-accused. There is also no allegation that the applicant has inflicted any injury on the de facto complainant. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the investigation.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) The applicant 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 applicant 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/-
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