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Kerala High Court

Aji @ Ajayan vs State Of Kerala on 26 March, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

B.A.No.1359/2026

                                   1

                                                      2026:KER:26842

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 THURSDAY, THE 26TH DAY OF MARCH 2026 / 5TH CHAITHRA, 1948

                     BAIL APPL. NO. 1359 OF 2026

  CRIME NO.510/2003 OF Mathilakom Police Station, Thrissur
      AGAINST THE JUDGMENT DATED 30.01.2026 IN Bail Appl.
NO.14743 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:

           AJI @ AJAYAN, AGED 41 YEARS
           S/O PANKAJAKSHAN, PANDIKASALA PARAMBIL HOUSE,
           KOORIKUZHI DESOM, KAIPAMANGALAM VILLAGE
           KODUNGALLUR TALUK, THRISSUR, PIN - 680664

           BY ADVS. SMT.SONA MARIA BIJU
           SRI.P.VIJAYA BHANU (SR.)
           SRI.P.M.RAFIQ
           SRI.AJEESH K.SASI
           SRUTHY N. BHAT
           SMT.SRUTHY K.K
           SHRI.K.ARAVIND MENON


RESPONDENT/STATE:

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


           SRI.C.K.SURESH, SPL. PP


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.03.2026,    THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A.No.1359/2026

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                                                         2026:KER:26842



                                    ORDER

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 ( accused No.6 as per the final report) in Crime No.510/2003 of Mathilakam Police Station, Thrissur District. The offences alleged are punishable under Sections 143, 147, 148, 341, 324, 326 and 302 read with Section 149 of the IPC.

3. The prosecution case, in short, is that on 19.12.2003 at 1.35 pm, the accused Nos. 1 to 7 armed with swords formed themselves into an unlawful assembly in Chamakkala beach road adjacent to Government School at Chamakkala desom and in prosecution of their common object of committing murder of the deceased Sreenath, attacked him, cut him with sword on various parts of his body including head, inflicting fatal wounds and he succumbed to the injuries and thereby committed the offences.

4. I have heard Smt. Sona Maria Biju, the learned counsel for the applicant and Sri. C.K. Suresh, the learned Special Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted B.A.No.1359/2026 3 2026:KER:26842 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 Specual 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 14.8.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The crime is of the year 2003. The applicant was released on bail during the crime stage. Thereafter, he absconded. He absconded for a period of more than 15 years. On the last posting date, there was a direction to the applicant to produce the passports in his possession with effect from 2003 to 2025. Passport has been produced and it would show that during the last fifteen years, the applicant has come down to India several times from abroad. In these circumstances, the applicant cannot be released on bail. The bail application, accordingly, is dismissed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp B.A.No.1359/2026 4 2026:KER:26842 APPENDIX OF BAIL APPL. NO. 1359 OF 2026 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORDER DATED 22-11-2025 IN CRL.M.P. NO. 6962/2025 OF THE COURT OF THE ADDITIONAL SESSIONS JUDGE-III, THRISSUR Annexure 2 TRUE COPY OF THE ORDER DATED 20-02-2026 IN CRL. M.P. NO. 1/2026 OF THE COURT OF THE ADDITIONAL SESSIONS JUDGE-III, THRISSUR Annexure 3 TRUE COPY OF THE SUMMARY OF PSYCHOLOGICAL ASSESSMENT REPORT DATED 13-05-2025 Annexure 4 A TRUE COPY OF THE PASSPORT OF THE APPLICANT