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CDJ 2026 Ker HC 487 print Preview print print
Court : High Court of Kerala
Case No : Bail Appl. Nos. 1641, 1732, 1719 of 2026
Judges: THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Parties : K.V. Shaji & Others Versus State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala, Ernakulam & Another
Appearing Advocates : For the Petitioners: A.A. Shibi, Anju Aravind, Adarsh P. Aji, Meera J. Menon, Shalu Prahaladhan, S. Rajeev, V. Vinay, M.S. Aneer, K.P. Sarath, C.R. Anilkumar, K.S. Kiran Krishnan, V. Dipa, Nivedita Rajeev, Akash Cherian Thomas, Azad Sunil, T.P. Aravind, Maheswar Padickal, S. Akshara, P. Chandy Joseph, Ananthu P. Santhosh, Advocates. For the Respondents: M.C. Ashi, SR. PP.
Date of Judgment : 31-03-2026
Head Note :-
Bharatiya Nyaya Sanhita, 2023 - Sections 329(3), 296(b), 351(2), 131, 115(2), 118(1) and 74 read with Section 3(5) -

Comparative Citation:
2026 KER 28728,
Judgment :-

1. These three bail applications are disposed of together since they are connected and the incident is one and the same.

2. Bail Appl. Nos.1641 and 1732 of 2026 pertain to Crime No.128/2026 of Rajakkadu Police Station, Idukki District. Bail Appl. No.1719 of 2026 pertains to Crime No.129/2026 of Rajakkadu Police Station, Idukki District. The accused No.4 in Crime No.128/2026 is the applicant in Bail Appl. No.1641 of 2026, the accused Nos.1 to 3 in Crime No.128/2026 are the applicants in Bail Appl. No.1732 of 2026 and the accused Nos.1 to 4 in Crime No.129/2026 are the applicants in Bail Appl. No.1719 of 2026. The de facto complainants in Crime No.128/2026 are the accused in Crime No.129/2026.

3. The offences alleged in Crime No.128/2026 are punishable under Sections 329(3), 296(b), 351(2), 131, 115(2), 118(1) and 74 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.  The prosecution case in Crime No.128/2026, in short, is that, due to previous enmity arising from the de facto complainant questioning the accused No.4 for installing a gate on the pathway leading to her residence, the accused Nos.1 to 4, in furtherance of their common intention, on 26.02.2026 at about 07:00 p.m., criminally trespassed into the courtyard of the Mappadu House, Kumbhapara area in Rajakumari Village and assaulted the de facto complainant and others. It is alleged that the accused No.1 abused and threatened the de facto complainant and dragged her by holding her hair to the road, the accused No.2 tore her churidhar and hit her on the face, the accused No.3 twisted her wrist, and when the de facto complainant’s daughter Sruthi intervened, the accused No.4 beat her with a stick and also kicked the de facto complainant’s sister Ponnamma, assaulted the neighbour Bindu and her daughter Krishnapriya and thereby committed the aforesaid offences.

4. The   offences   alleged   in   Crime No.129/2026 are punishable under Sections 324(4), 324(5), 296(b), 115(2), 118(1) and 118(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution case in Crime No.129/2026, in short, is that, due to resentment over the defacto complainant in not opening the gate installed by Shaji, Kochukkarottu House, a native of Kumbappara, situated near the pathway used by the accused to reach their residence, the accused, with the intention of abusing and physically assaulting the de facto complainant and others, on 26.02.2026 at about 07:30 p.m., reached Khajanappara area in Rajakumary Village where the de facto complainant resides with his family, and the accused No.1 allegedly broke open the iron gate installed by Shaji, Kochukkarottu House at Kumbapparamedu using a hammer; when the defacto complainant questioned the said act, the accused No.1 abused him in filthy language and struck the de facto complainant’s wife Alice on her left shoulder with a wooden plank causing her to fall down, and when the de facto complainant attempted to help his wife get up, the accused No.2 hit the de facto complainant on his right elbow with an iron rod, resulting in a fracture to his right elbow. It is further alleged that when Shaji and his children reached the spot upon learning that the gate had been broken, the accused Nos.1, 3 and 4 jointly assaulted them with sticks, thereby causing multiple bodily injuries and thereby committed the aforesaid offences.

5. I have heard Sri. A.A.Shibi, Sri. P.Chandy Joseph and Sri. S.Rajeev, the learned counsel for the applicants and Sri. M.C.Ashi and Smt. Sreeja.V, the learned Senior Public Prosecutor. Perused the case diary.

6. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Senior Public Prosecutors, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

7.  A perusal of the FI Statement in both the crimes would show that the incident is one and the same. They are case and counter case.  The applicants in all the three bail applications have sustained injuries in a scuffle between them. The counsel in all the cases submitted that the matter had now been talked over and it had been settled between the parties. The applicants have no criminal antecedents. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. For these reasons, I find these to be appropriate cases to grant pre-arrest bail to the applicants.

                  In the result, the applications are allowed on the following conditions:-

                  (i) The applicants shall be released on bail in the event of their arrest 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 arresting officer/investigating officer, as the case may be.

                  (ii) The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

                  (iii) The applicants shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. They shall also appear before the investigating officer 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 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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