Kerala High Court
Mufeed.K vs State Of Kerala on 6 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:58818
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
BAIL APPL. NO. 8745 OF 2025
CRIME NO.444/2025 OF MUZHAKKUNNU POLICE STATION,
KANNUR AGAINST THE ORDER/JUDGMENT DATED 26.06.2025 IN BAIL
APPL. NO.7868 OF 2025 OF HIGH COURT OF KERALA.
PETITIONER:
MUFEED.K.,
AGED 19 YEARS,
S/O SHAMSEER K.P, KUNNUMALVEEDU,
MURINGODI P.O, PERUMPUNNA, MANATHANA,
KANNUR DISTRICT, PIN - 670 673.
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
SHRI.BENSON AMBROSE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
2 THE STATION HOUSE OFFICER,
MUZHAKKUNNU POLICE STATION, MUZHAKKUNNU P.O,
KANNUR DISTRICT, PIN - 670 673.
Bail Appl. No.8745 of 2025
2025:KER:58818
-2-
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8745 of 2025
2025:KER:58818
-3-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.8745 of 2025
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Dated this the 6th day of August, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.444 of 2025 of Muzhakkunu Police Station, Kannur, registered for the offences punishable under sections 137(2), 75(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 6(1) r/w Section 5, 6 (2) r/w Section 5 and 10 r/w Section 9(1) of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').
3. According to the prosecution, from 01.03.2024 onwards, the accused committed aggravated penetrative sexual assault on the victim, aged 16 years, on multiple occasions and thereby committed the offences alleged. Petitioner was arrested on 26.05.2025 and he has been in custody since then.
4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Since the final report contains Section 65 of BNS, notice to the victim was given through the Bail Appl. No.8745 of 2025 2025:KER:58818 -4- Investigating Officer. However, despite such a notice there is no appearance.
5. The learned Counsel for the petitioner contended that the prosecution allegations are false and that petitioner is a 19 year old boy, who was, at the most, going by the prosecution allegations, in a romantic relationship with the victim and, therefore, the period of detention already undergone by him should be treated as sufficient to release him on bail. It was also submitted that the victim had in fact no complaints against the petitioner, but it so happened that the victim fell down on the terrace and the incident came to light. It was also submitted that the investigation has been completed, and the final report has already been filed.
6. The learned Public Prosecutor, on the other hand, opposed the bail application and submitted that the allegations against the petitioner are serious in nature. It was also submitted that the victim being only 16 years in age, petitioner ought not be released on bail, as otherwise it will send a wrong signal to the society. The learned Prosecutor also submitted that the final report was filed on 30.06.2025.
7. On an earlier occasion, petitioner's bail application filed as B.A.No.7868 of 2025 was dismissed. The present application has been filed in view of the change of circumstances brought about by Bail Appl. No.8745 of 2025 2025:KER:58818 -5- the filing of the final report.
8. Petitioner is only 19 years in age while the victim is a minor who is aged only 16. Since the petitioner claims that he and the victim were in a romantic relationship and having regard to their young age, apart from the fact that the final report has already been filed, I am of the view that continued custody of the petitioner is not necessary. Therefore, the petitioner is entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.
In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such Bail Appl. No.8745 of 2025 2025:KER:58818 -6- applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE ADS Bail Appl. No.8745 of 2025 2025:KER:58818 -7- APPENDIX OF BAIL APPL. 8745/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORDER DATED 26.06.2025 IN BAIL APPL. NO.7868 OF 2025 ON HIGH COURT.