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2026 Supreme(Online)(Ker) 21680

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
SARATH S – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1669 OF 2026



Advocates:
For the Appellants/Petitioners: Shri.Krishnanunni G.B.
For the Respondents: Smt.V. Sreeja, SR. PP

Bail may be granted where continued detention is not necessary for investigation or public safety.

Headnote:The petitioner, an accused in Crime No.861/2025, seeks bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleges the petitioner assaulted a de facto complainant, but the petitioner claims innocence and lack of evidence. The court finds no need for continued detention, allowing bail under specified conditions.

Table of Content
1. application for bail under bnss. (Para 1 , 2)
2. allegations of assault due to enmity. (Para 3)
3. court's evaluation and decision on bail. (Para 4 , 5 , 6)

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 No.4 in Crime No.861/2025 of Neyyattinkara Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 189 (2), 191(2), 191(3), 296(b), 324(4), 181(1) and 110 r/w Section

190 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that due to previous enmity, on 27.04.2025 at about 11:30 pm, the accused formed themselves into an unlawful assembly and hurled abusive words on the de facto complainant and assaulted him causing grievous injuries. Thus, the applicant is alleged to have committed the above offences.

4. I have heard Sri.Krishnanunni G.B., the learned counsel for the applicant and Smt.Sreeja V., the learned SeniorPublic 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 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 remaining accused are on bail. 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/-

DR. KAUSER EDAPPAGATH JUDGE

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