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2026 Supreme(Online)(Ker) 29773

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Hariprasad S – Appellant
Versus
State Of Kerala – Respondent
BAIL APPL. NO. 2575 OF 2026 | BAIL APPL. NO. 2595 OF 2026



Advocates:
For the Appellants/Petitioners: T.G.Sunil, Syam K.P., Ashish Gopal K G, Vinimol V.S., Namitha Prasad, Pooja K., Liji Esahak, P.Muhammed Shiyas, R.K.Rakesh
For the Respondents: K.A. Noushad

The court may grant pre-arrest bail when the investigation is substantially complete, the accused is not named in the First Information Report, or the grievances between the parties have been settled, rendering custodial interrogation unnecessary.

Headnote:The applicants filed petitions under S. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking pre-arrest bail in relation to offences under the Bharatiya Nyaya Sanhita, 2023. The petitioners contended they were innocent and falsely implicated, while the State argued that custodial interrogation was necessary due to the nature of the criminal acts involved. The court examined the FI statement and the progress of the investigation. The primary issues were whether the accused were entitled to bail in the face of alleged criminal involvement and whether custodial interrogation remained necessary. The Court found that one accused was not named in the FI statement and had no overt acts attributed to him, while the matter regarding the other accused had been settled between the parties, noting that the investigation was substantially complete. The bail applications were allowed subject to conditions, including the execution of bonds, cooperation with the investigation, and specific reporting requirements.

Table of Content
1. consolidation of bail applications for connected criminal cases. (Para 1 , 2)
2. submission of arguments regarding innocence versus necessity of custodial interrogation. (Para 3 , 4)
3. criteria for granting pre-arrest bail based on investigation status and party settlement. (Para 5)

O R D E R

These two bail applications are connected and hence they are disposed of by a common order. They are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.

2. Both the bail applications pertain to Crime No.271/2026 of Alappuzha North Police Station, Alappuzha District. Accused No. 1 is the applicant in B.A.No. 2575 of 2026 and accused No. 7 is the applicant in B.A.No.2595 of 2026. The offences alleged are punishable under Sections 189(2), 191(2), 191(3), 126(2), 115(2) and 118(2) read with

190 of the Bharatiya Nyaya Sanhita, 2023.

3. I have heard the learned counsel for the applicants and the learned Senior Public Prosecutor. Perused the case diary.

4. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

5. I went through the FI Statement. Accused No.7, who is the applicant in B.A.No.2595 of 2026 has not been named in the FI Statement. No overt act has been attributed against him also. So far as the accused No.1, who is the applicant in B.A.No.2575 of 2026 is concerned, the matter has been settled between the parties as evident from Annexure-II affidavit. The investigation is almost over. In these circumstances, I am of the view that their custodial interrogation seems unnecessary.

In the result, these applications are allowed on the following conditions:-

(i) The applicants shall be released on bail in the event of their arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

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