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2026 Supreme(Online)(Ker) 29111

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
AJITH KUMAR. A – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 2538 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.OMAR SALIM, KUM. K. REMIYA RAMACHANDRAN
For the Respondents: SMT.SREEJA V., SR. PP

Court held that when the investigation is complete and recovery effected, continued detention of the accused is not required and bail may be granted.

Headnote:{'first_paragraph': 'The applicant sought regular bail under Section 483 of the BNSS. The offences alleged under Sections 126(2), 115(2), 118(1), and 109(1) read with Section 3(5) of the BNS. The prosecution alleged an attack involving a knife during a festival, resulting in injuries to the de facto complainant and his friends.', 'second_paragraph': 'The key issues were whether the applicant could be released on bail given the stage of investigation and the alleged criminal conduct. The court considered submissions that the applicant had been falsely implicated and held that there were no materials connecting the applicant to the crime.', 'third_paragraph': 'The application is allowed on the conditions that the applicant execute a bond, cooperate with investigation, appear regularly before the investigating officer, abstain from committing similar offences, and not to tamper with evidence or witnesses. Bail granted.'}

Table of Content
1. facts of the case and offences alleged (Para 1 , 2)
2. submissions by counsel and prosecutor (Para 4 , 5)
3. court's assessment of detention and investigation (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.1 in Crime No.308/2026 of Alathur Police Station, Palakkad District. The offences alleged are punishable under Sections 126(2), 115(2), 118(1) and 109(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that on

13.03.2026 at about 21:45 hours, during the Kummatty festival at Manjallur, a quarrel arose between the parties allegedly due to prior enmity involving Sajith, a friend of the de facto complainant, purportedly on account of a previous incident relating to the alleged eve-teasing of the accused No.2’s sister. It is alleged that when the de facto complainant intervened, the accused No.1 stabbed him on the abdomen with a knife, causing injury and that the accused Nos.1 to 4 also assaulted his friends Sajith, Ishaq and Manav.

4. I have heard Sri. Omar Salim, 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 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 25.03.2026. The investigation is almost over. The recovery has been effected. 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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