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2026 Supreme(Online)(Ker) 29244
IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
JOEL S. MUKKADAN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 2486 OF 2026
Important Points
Subject
Criminal Law - Bail Application
Act Referred
Bharatiya Nyaya Sanhita, 2023: S.109(1), S.118(2), S.351(3), S.296(b), S.3(5)
Headnote
Result: Bail granted subject to conditions including execution of bond with sureties, co-operation with investigation, regular appearance, non-commission of similar offences, non-interference with witnesses, and restriction on leaving state without permission.
For the Appellants/Petitioners: SRI.K.SHAJ, SMT.BEENA N.KARTHA, SRI.ARUN CHAND, SHRI.KEVIN JAMES, SHRI.AKASH JOSHI, SMT.GOPIKA GOPAL, SHRI.REN SHIBU, SMT.SHEHROON PATEL A.K., SHRI.ISSAC MELVIN B.O., SHRI.ALVIN JOSEPH, SMT.RIYA PHILO JOHNSON, SHRI.SAJIE SHANKAR, SMT.MARY HELEN A. G., SMT.FEBIN FATHIMA, SMT.ISHMA T. B.
For the Respondents: SRI.K.A. NOUSHAD
| Table of Content |
|---|
| 1. prosecution case involving alleged premeditated assault and injuries (Para 2) |
| 2. submissions of parties regarding entitlement to bail (Para 4 , 5) |
| 3. grant of bail on conditions due to completion of investigation (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 applicants are the accused Nos.1 and 2 in Crime No.691/2026 of Changanassery Police Station, Kottayam District. The offences alleged are punishable under Sections 109(1), 118(2), 351(3), 296(b) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
05.04.2026, at approximately 09:00 PM, at the first-floor bar of Contour Resort, Changanacherry, the accused persons, acting in furtherance of a common intention and motivated by prior enmity, launched a premeditated attack on the de facto complainant, Jefry Thomas, and his cousins, while they were consuming liquor. It is alleged that applicant No.1 attempted to stab the de facto complainant on his chest with a knife, which was evaded, resulting in a deep injury to the left shoulder and wrist area. When his cousin Anel Antony intervened, applicant No.1 stabbed his left thumb, nearly causing its amputation. Applicant No.2, Shelly is accused of hitting Antony with a beer bottle on the head, while A3 Deric (CCL) allegedly stabbed Antony with a broken soda bottle on the back. A4 Bineeshkumar is alleged to have abetted and facilitated the assault by supporting the other accused. Thus, the applicants have committed the above offences.
4. I have heard Sri.K.Shaj, the learned counsel for the applicants and Sri. K.A. Noushad, the learned Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are 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 applicants, and they are not entitled to bail at this stage.
6. The applicants were remanded to judicial custody on 06.04.2026. The investigation is almost over. The recovery has been effected. The applicants have no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
