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2026 Supreme(Online)(Ker) 34715

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
S. Krishna – Appellant
Versus
State Of Kerala – Respondent
BAIL APPL. NO. 3069 OF 2026



Advocates:
For the Appellants/Petitioners: Rohit Baben
For the Respondents: Thomas Sabu Vadakekutu

The court grants bail where investigation is substantially complete, recovery is effected, and continued detention is not necessary, provided reasonable conditions are imposed to ensure the accused's presence and the integrity of the ongoing investigation.

Headnote:The applicant sought regular bail under S.483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding allegations of assault involving a lethal weapon. The prosecution alleged that the applicant attacked the complainant following a dispute over drug use. The court observed that the investigation was inadvanced stages and recoveries had been effected, rendering continued detention unnecessary. The main issue was whether the applicant met the criteria for bail despite the seriousness of the charges. The court reasoned that since the investigation was largely complete and recovery of the weapon was effected, there was no justification for further pre-trial incarceration, upholding the principle that bail is the rule and jail an exception in such circumstances. The application for regular bail was allowed subject to strict conditions regarding bond, investigation cooperation, and witness integrity.

Table of Content
1. overview of charges and procedural history for bail application. (Para 1 , 2 , 3)
2. summary of rival arguments regarding necessity of detention. (Para 4 , 5)
3. court justification and conditions for granting bail. (Para 6)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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 sole accused in Crime No.366/2026 of Palakkad Town North Police Station, Palakkad District. The offences alleged are punishable under Sections 126(2), 118(1) and 110 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, on 14.04.2026 at 21:30 hours, the de facto complainant questioned the applicant regarding the use of drugs at the ground situated at Thonipalayam. Due to that enmity, the applicant wrongfully restrained the de facto complainant, who was riding a motorcycle, in front of Balakrishna Jewellery near Sakunthala Junction and attacked on his head with a sword. When the de facto complainant warded off the attack, he sustained cut injury on his left wrist and thereby the applicant committed the aforesaid offences.

4. I have heard Sri. Rohit Baben, the learned counsel for the applicant and Sri. Thomas Sabu Vadakekut, the learned 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 17.04.2026. 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.

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

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

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

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

(v) The applicant 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 applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the 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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