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2026 Supreme(Online)(Ker) 46029

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
ASLAN K.R – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 3578 OF 2026 | CRIME NO.216/2026 OF TOWN NORTH POLICE STATION, ERNAKULAM



Advocates:
For the Appellants/Petitioners: Mary Greeshma, Aynosh Michael P.S, Abhiram T.K.
For the Respondents: Aneeda Beegum

Regular bail may be granted considering the stage of investigation and the period of detention already undergone, even if the accused has criminal antecedents, provided the recovery is complete and further detention is not deemed necessary.

Headnote:The applicant sought regular bail under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The case involves allegations that the applicant attacked the complainant with a knife, causing injuries to the thigh, knee, and liver, which are punishable under S. 109(1), 296(b), 118(1), and 118(2) of the Bharatiya Nyaya Sanhita, 2023. The court noted that the investigation is almost complete and recovery has been effected. The primary issue was whether the applicant is entitled to bail despite having criminal antecedents. The court observed that there was a scuffle between the parties and reasoned that considering the period of detention already undergone and the current stage of the investigation, further detention is not necessary. In the result, the application is allowed on the following conditions:

Table of Content
1. allegations of assault with a knife and corresponding charges under the bharatiya nyaya sanhita, 2023. (Para 1 , 2 , 3)
2. contention of innocence versus prosecution's claim of intentional criminal act. (Para 4 , 5)
3. bail eligibility based on detention period and investigation progress despite criminal antecedents. (Para 6)

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.

2. The applicant is the sole accused in Crime No.216/2026 of Ernakulam Town North Police Station, Ernakulam District. The offences alleged are punishable under Sections 109(1), 296(b), 118(1) and 118(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 19.04.2026 after 10 p.m., the applicant, with the intention to murder the defacto complainant, rushed towards him with a knife and uttered obscene words. In an attempt to escape, the defacto complainant threw a wooden bench towards the applicant, and in the process, the defacto complainant slipped and fell down. At that time, the applicant, shouting that he would stab him, rushed towards him. The defacto complainant, who was lying on the ground, tried to kick the applicant away with both legs. At that time, the applicant stabbed him on the left thigh and inflicted an injury on the right knee using a knife. Thereafter, the defacto complainant ran away but fell down due to the injury sustained. At that time, the applicant sat on the body of the defacto complainant and attempted to stab him on the neck. When the defacto complainant wriggled out, the knife pierced below the left chest, causing injury to the liver as well. The applicant thereby committed the aforesaid offences.

4. I have heard Smt.Mary Greeshma, the learned counsel for the applicant and Smt.Aneeda Beegum, the learned Senior 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 Senior 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 07.05.2026. The investigation is almost over and the recovery has been effected. A reading of the FIS would show that there was a scufÒe between the defacto complainant and the applicant. Even though the applicant has criminal antecedents, considering the period of detention already undergone by the applicant and the stage of the investigation, I am of the view that his further detention is not necessary. 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 ofÏcer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating ofÏcer 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 Ke

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