Manoj vs State Of Kerala

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

The applicant is the sole accused in Crime No.144/2026 of Shornur Police Station, Palakkad District. The offence alleged is punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that the applicant and his father were residing together in house bearing No.14/612 of Vaniyamkulam Grama Panchayat and on 22.02.2026 in the night while they were consuming liquor, there occurred an altercation between them and due to that enmity, the applicant on 23.02.2026 at about 3.30 a.m. quarreled with his father Unnikrishnan and by about 3.45 a.m. with the intention to commit murder, he beat his father on his head using a wooden stick and when his father fell down, the applicant again beat him on his head and chest and his father sustained grievous injuries on his head and ribs and thereafter his father succumbed to the injuries on 04.03.2026 at about 22.30 hours. Thus, the applicant committed the aforementioned offence.

I have heard Sri.P.Jayaram, the learned counsel for the applicant and Sri.Rasheed C. Nooranad, the learned Special Public Prosecutor. Perused the case diary.

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 Special 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.

The applicant was remanded to judicial custody on 23.02.2026. The investigation is over and the final report has already been filed. The police filed a report stating that if the applicant is released on bail, there is every likelihood that he would attack his mother and brother. However, the applicant's mother and brother have sworn in affidavits stating that they have no objection in granting bail to the applicant. Hence, I directed the learned Special Public Prosecutor to secure their presence before this Court. They appeared before me today. Both of them stated that they have absolutely no objection in granting bail to the applicant. 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: -