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2026 Supreme(Online)(Ker) 29089

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
TOM JAMES – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: RENJITH B.MARAR, LAKSHMI.N.KAIMAL, P.RAJKUMAR, KESHAVRAJ NAIR, BIJU VIGNESWAR, ARUN POOMULLI, ABHIRAM.S., GAADHA SURESH, AKSHAY SHIBU, ANANTHAPADMANABHAN, ASHISH PAUL, LAXMISREE JAYANTHA KUMAR, MURALI KRISHNA PRASAD
For the Respondents: M.C. ASHI

Table of Content
1. details of pre-arrest bail petition and prosecution story. (Para 1 , 2 , 3)
2. counsel arguments favoring and opposing bail. (Para 4 , 5)
3. court reasoning for granting bail with specified conditions. (Para 6)

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.

2. The applicant is the accused No.3 in Crime No.187/2026 of Gandhinagar Police Station, Kottayam District. The offences alleged are punishable under Sections 332, 308(5)

and 126(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS).

3. The prosecution case, in short, is that in furtherance of their common intention to commit robbery and extortion, on 20.08.2025 at about 04.00 p.m., the applicant along with accused Nos.4 to 7 criminally trespassed into the Ganapathi Bhavan House resided by the informant and her family situated at Kanyakulam in Arpookkara Village; then they threatened the informant to take all the gold ornaments and gold in the house and give it to them, failing which they would kill her husband and brother-in-law; when the informant who became scared, opened the cupboard and was giving the gold ornament

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