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2026 Supreme(Online)(Ker) 29112

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
PRINCE J. – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 2547 OF 2026



Advocates:
For the Appellants/Petitioners: SMT.ANUPAMA SUBRAMANIAN
For the Respondents: SRI.K.A. NOUSHAD

Bail can be granted when investigation is substantially complete and accused has no criminal antecedents.

Headnote:Paragraph 1: Statute Analysis: The bail plea was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Facts of the Case: The applicant (accused no.2) is alleged to have committed offences under Sections 132, 121(1), 115(2), 118(1), 126(2), 296(b), 351(2) of the Bharatiya Nyaya Sanhita, 2023, Section 117(e) of the Kerala Police Act, 2011, and Section 3(1) of the Prevention of Damage to Public Property Act, 1984, following an altercation with police near the North Railway Station over bridge on 11.04.2026.

Findings of Court:
Court noted that investigation is almost over, no criminal antecedents exist, and no reason to continue detention. Paragraph 2:

Issues: Whether the applicant should be granted regular bail considering the nature of allegations and progress of investigation.U

Ratio Decidendi: The court held that when investigation is substantially complete and the accused has no criminal antecedents, continued detention is unnecessary and bail should be granted without compromising investigation integrity. Last Paragraph:

Result: The application is allowed and bail is granted subject to conditions of bond, cooperation with investigation, appearance on Saturdays, no contact with witnesses, and non-violation of bail terms.

Table of Content
1. parties arguments on bail eligibility (Para 5)
2. reasons for granting bail (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.2 in Crime No.201/2026 of Ernakulam Town North Police Station, Ernakulam District. The offences alleged are punishable under Sections 132, 121(1), 115(2), 118(1), 126(2), 296(b) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, Section 117(e) of the Kerala Police Act, 2011, and Section 3(1) of the Prevention of Damage to Public Property Act, 1984.

3. The prosecution case, in short, is that on

11.04.2026 at about 05:45 p.m., while police officials were on patrol duty near the North Railway Station over bridge, the accused persons were found in suspicious circumstances and when they were directed to accompany the police, an altercation allegedly ensued during which the police personnel were abused and assaulted and certain damage was caused to the police vehicle and wireless set. Thus, the applicant is alleged to have committed the above offences.

4. I have heard Smt.Anupama Subramanian, 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 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 12.04.2026. 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.

In the result, the application is allowed on the following conditions: -

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