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CNR : KLHC010570942026

2026/KER/61252

2026:KER:61252

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 10^TH DAY OF AUGUST 2026 / 19TH SRAVANA, 1948

BAIL APPL. NO. 4255 OF 2026 CRIME NO.334/2026 OF CHOTTANIKKARA POLICE STATION, ERNAKULAM

PETITIONER/ACCUSED NO.2:

SHEVIN K.N AGED 32 YEARS S/O.KRISHNANKUTTY, NEDUNGATTIL HOUSE,

CHALIKKARA, MAMALA KARA, THIRUVANIYOOR VILLAGE, ERNAKULAM DISTRICT., PIN - 682303

SRI.GAJENDRA SINGH RAJPUROHIT RESPONDENT / COMPLAINANT-STAT E :

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031

SRI.V. VINAY, SR. PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

10.08.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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2026:KER:61252 BAIL APPL. NO. 4255 OF 2026

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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 accused No.2 in Crime

No.334/2026 of Chottanikkara Police Station, Ernakulam District. The offences alleged are punishable under Sections 115(2), 118(2) and 109(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita,

2023

3. The prosecution case, in short, is that the defacto

complainant's son and other children were playing on the ground situated near the defacto complainant's residence at Kakkad Kara, Thiruvaniyoor Village. The accused No.1 had previously obstructed the children from playing in the said ground. Aggrieved by the defacto complainant questioning such conduct, the accused No.1 and the applicant developed animosity towards the defacto complainant and, with the intention of causing his death and in furtherance of their common intention, attacked him on 11.06.2026 at about 9:30 p.m. in the said ground. The accused

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No.1 assaulted the defacto complainant with his hands and threatened to kill him. Thereafter, using a deadly weapon, namely a machete, the accused No.1 struck the defacto complainant on the right side of his face near the ear, causing a cut injury. When the accused No.1 again attempted to inflict a blow aimed at the defacto complainant's neck, the defacto complainant managed to evade it, as a result of which the handle of the machete struck his forehead and caused another injury. Simultaneously, the applicant assaulted the defacto complainant with his hands, pushed him to the ground and actively aided the attack and thereby committed

the aforesaid offences.

4. I have heard Sri.Gajendra Singh Rajpurohit, the learned

counsel for the applicant and Sri.V.Vinay, 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

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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

12.06.2026. The investigation is almost over and the recovery has been effected. The applicant has not used any weapon. 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 sha