SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 46025

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
ROSHAN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 3387 OF 2026 | CRIME NO.225/2026



Advocates:
For the Appellants/Petitioners: Nireesh Mathew
For the Respondents: V. Vinay

Regular bail may be granted when the investigation is substantially complete, including recovery and test identification parade, and the accused has no prior criminal antecedents, rendering continued detention unnecessary.

Headnote:The application was filed under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. The applicants are accused of wrongfully restraining an individual and assisting another in stabbing the victim in the neck and stomach following a dispute over car parking, with offences punishable under S. 126(2), 115(2), 118(1), 351(2), 109 read with S. 3(5) of the Bharatiya Nyaya Sanhita, 2023. The court found that the investigation is almost complete, recovery has been effected, and the test identification parade is over. The primary issue was whether the applicants are entitled to regular bail given the nature of the allegations. The court reasoned that since the applicants have no criminal antecedents and the primary investigative steps have been completed, there is no reason to hold that continued detention is required for any purpose. In the result, the application is allowed on the following conditions:

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.07.2026, 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.

The applicants are the accused Nos.2 and 3 in Crime No.225/2026 of Varandarappilly Police Station, Thrissur District. The offences alleged are punishable under Sections 126(2), 115(2), 118(1), 351(2) and 109 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that when one Abdul Khader questioned the accused about their car parked in the centre of the road, due to that animosity, at 13.15 hours on 06.06.2026, near to Palappilly Mosque, the applicants wrongfully restrained Abdul Khader and the accused No.1, armed with knife alighted from the car, pressed the knife on the neck of Abdul Khader and intimidated to kill him and thereby he sustained injury to his neck. Thereafter, the accused No.1 forcefully stabbed Abdul Khader in his stomach with the knife and he sustained grievous injuries to his stomach. The applicants thereby committed the aforesaid offences.

I have heard Sri.Nireesh Mathew, the learned counsel for the applicants and Sri.V.Vinay, the learned Senior Public Prosecutor. Perused the case diary.

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 Senior 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.

The applicants were remanded to judicial custody on 07.06.2026. The investigation is almost over and the recovery has been effected. It is submitted that the test identification parade is also over. 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: -

(i) The applicants shall be released on bail 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 jurisdictional Magistrate/Court.

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

(iii) The applicants shall appear before the investigating ofÏcer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating ofÏcer 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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top