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2026 Supreme(Online)(Ker) 25457

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
ASHIK K – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1959 OF 2026 | CRIME NO.182/2026



Advocates:
For the Appellants/Petitioners: SRI.P.U.PRATHEESH KUMAR
For the Respondents: SMT.SREEJA V., SR. PP

Bail granted due to completed investigation, no antecedents, and lack of connecting evidence.

Headnote:The application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in connection with offences under Sections 309(4), 312 and 333 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused trespassed into a rented room, threatened the complainant with weapons, demanded money, took cash, compelled a digital payment, and snatched mobile phones. The court considered the applicant's lack of criminal antecedents, near completion of investigation, and absence of materials connecting him to the crime. The key issue was whether the applicant was entitled to bail given the allegations of intentional criminal acts. The court observed no reason to continue detention, noting the applicant’s innocence claim and lack of prior record, applying bail principles under BNSS. The bail application was allowed, directing release on a bond of Rs.1,00,000/- with sureties and imposing conditions for cooperation, reporting, and non-interference.

Table of Content
1. bail application under bnss section 483 for alleged offences. (Para 1 , 2)
2. arguments on implication and investigation status heard. (Para 4 , 5)
3. bail granted due to no antecedents and completed probe. (Para 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.3 in Crime No.182/2026 of Kalamassery Police Station, Ernakulam District. The offences alleged are punishable under Sections 309 (4), 312 and 333 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that on 1.3.2026 at 9.30 pm, the applicant along with the remaining accused trespassed into the room in which the defacto complainant and his friend were residing on rent by pushing open the door, the accused No.1 threatened him with a knife and chain and demanded ₹5,000/-. When he said that he had no money, the accused took ₹2,900/- from his bag, compelled him to sent ₹1,000/- through Google Pay, snatched his mobile phone worth ₹6,000/-, took away the mobile phone of the friend of the defacto complainant worth ₹30,000/- and thereby committed the offences.

4. I have heard Sri. P.U. Pratheesh Kumar, 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 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 3.3.2026. The investigation is almost over. 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.

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