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2026 Supreme(Online)(Ker) 19299

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ANOOP KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1396 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.K.K.SETHUKUMAR, SMT.SARITHA G.R., SHRI.SREEKRISHNADATH PANDARATHIL E.K., SHRI.R.RAHUL, SMT.MEENAKSHY V.S., SMT.PREETHY K., SMT.AISWARYA PRADEEP
For the Respondents: SRI.K.A. NOUSHAD

The court grants bail when continued detention is not necessary and the applicant poses no flight risk or threat to the investigation.

Headnote:This bail application seeks regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant, accused in Crime No.231/2026, is alleged to have assaulted the defacto complainant over previous animosity. The court determined the applicant's continued detention was not warranted, finding no criminal antecedents. The decision allowed bail under specified conditions. The applicant's innocence was claimed, contrasting with the prosecution's challenge regarding intentional criminal acts.

Table of Content
1. application for bail under bnss based on allegations of assault. (Para 1 , 2 , 3)
2. arguments presented regarding innocence and prosecution's stance. (Para 4 , 5)

ORDER

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 in Crime No.231/2026 of Chengannur Police Station, Alappuzha District. The offences alleged are punishable under Sections 296 (b), 110 and 351(3)

of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on 27.02.2026 at about 09.30 p.m., at the steps leading to the road on the northern side of the shop namely, Bosannante Kada at Althara Junction, Chengannur, the applicant, owing to prior animosity towards the defacto complainant arising out of disputes relating to a golden necklace and political rivalry, approached the defacto complainant and shouted obscene words. The applicant then attacked the defacto complainant with a punching bangle, repeatedly struck him on the head and other parts of the body, causing serious injuries and thereby committed the offences.

4. I have heard Sri.K.K.Sethukumar, 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

28.02.2026. The investigation is almost over. The recovery has been effected. 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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