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2026/KER/48856

2026:KER:48856

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

MONDAY, THE 6^TH DAY OF JULY 2026 / 15TH ASHADHA, 1948

BAIL APPL. NO. 3121 OF 2026

CRIME NO.372/2026 OF OTTAPALAM POLICE STATION, PALAKKAD

PETITIONER/ACCUSED NO.1:

MOHAMMED ANSIF T A,

S/O. ADAM, THAIKKATTIL HOUSE, PERUR P. O, LAKKIDI PERUR

2, PALAKKAD, PIN - 679302

BY ADV SRI.NIREESH MATHEW

RESPONDENT/COMPLAINANT-STATE:

STATE OF KERALA,

REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF

KERALA, ERNAKULAM, PIN – 682031

BY ADV.

SRI.THOMAS SABU VADAKEKUT, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

06.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ORDER

This application is filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-

arrest bail.

2. The applicant is the accused No.1 in Crime

No.372/2026 of Ottapalam Police Station, Palakkad District. The

offences alleged are punishable under Sections 126(2), 118(1)

and 109(1) read with Section 3(5) of the Bharatiya Nyaya

Sanhita, 2023 (for short, ‘BNS’).

3. The prosecution case, in short, is that on 01.05.2026

at 20.15 hours, while the defacto complainant was going to the

Akalur temple in connection with the Akalur Vela, on the west

side of the Akalur Bhagavathy temple grounds, due to prior

animosity arising from a police case previously filed by the

defacto complainant and his friends against accused No.1, and

political rivalry over the defacto complainant working for the

C.P.I. (M) party instead of the SDPI party, with the intention of

killing the defacto complainant, accused Nos.2 to 4 together

wrongfully restrained him. Accused No.2 shouted to ‘kill him’.

Accused No.1 then stabbed the defacto complainant below the

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left chest with a knife, causing serious injuries and thereby

committed the offences.

4. I have heard Sri.Nireesh Mathew, 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. The learned Public Prosecutor, on

the other hand, submitted that the alleged incident occurred as

part of the applicant's intentional criminal acts, and if he is

released on bail at this stage, it will affect the course of the

investigation.

6. The law regarding the grant or refusal of pre-arrest

bail is well settled. Pre-arrest bail cannot be granted as a

matter of course. The power under Section 482 of BNSS could

be exercised only when a special case is made out, that too,

recording reasons thereof. Perusal of the case diary reveals

that the accusation made against the applicant is very serious

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in nature, and it prima facie shows a premeditated criminal act

on his part. Specific overt act has been attributed against the

applicant in the FI statement. Moreover, the applicant has

criminal antecedents.

7. The investigation is in a preliminary stage. The

custodial interrogation of the applicant is necessary for the

investigation. As rightly argued by the learned Public

Prosecutor, the possibility of the applicant influencing the

witnesses and interfering with the investigation cannot be ruled

out if he is released on bail. Considering the gravity of the

offence and stage of the investigation, I am of the view that

this is not a fit case where the extraordinary jurisdiction vested

with this Court under Section 482 of BNSS could be invoked.

The bail application is, accordingly, dismissed.

Sd/-

DR. KAUSER EDAPPAGATH

JUDGE

SKP

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APPENDIX OF BAIL APPL. NO. 3121 OF 2026

PE

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