Kerala High Court
Muhammed Farook vs State Of Kerala on 18 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:53377
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
BAIL APPL. NO. 8566 OF 2025
CRIME NO.993/2025 OF NEDUMANGAD POLICE STATION,
THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT DATED
26.06.2025 IN BAIL APPL. NO.7951 OF 2025 OF HIGH COURT OF
KERALA.
PETITIONER:
MUHAMMED FAROOK,
AGED 43 YEARS,
S/O MUHAMMED HANEEFA, PALLIVILAKATH
THADATHARIKATHU VEEDU, THEKKUMKARA,
VALICODE, NEDUMANAGAD TALUK, NEDUMANAGAD
VILLAGE, THIRUVANANTHAPURAM,
PIN - 695 541.
BY ADV SRI.M.R.SARIN
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI. NOUSHAD K. A. (PP)
Bail Appl. No.8566 of 2025
2025:KER:53377
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8566 of 2025
2025:KER:53377
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BECHU KURIAN THOMAS, J.
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Bail Appl. No.8566 of 2025
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Dated this the 18th day of July, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the fourth accused in Crime No.993 of 2025 of Nedumanagad Police Station, Thiruvananthapuram, registered for the offences punishable under sections 126(2), 103(1), 61(2)(a), 249 and 49 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
3. According to the prosecution, the first and second accused had murdered the deceased Sri.Muhammed Ashir on 11.05.2025 at 6.00 p.m., pursuant to a conspiracy entered into between them and thereafter, the fourth accused helped the offender to escape and also travelled along with him and thereby committed the offences alleged. Petitioner was arrested on 18.05.2025, and he has been in custody since then.
4. I have heard Sri.Sarin Madhavapanicker Rajendran., the learned counsel for the petitioner as well as Sri.C.K.Suresh, the learned Senior Public Prosecutor.
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2025:KER:53377 -4-
5. The learned counsel for the petitioner submitted that the petitioner has been in custody from 18.05.2025, onwards and hence he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and pointed out that the petitioner has been roped in as an accused under Section 58 of the BNS. The allegations against the petitioner are serious and his involvement in the crime has already been identified.
7. Petitioner is alleged to have enabled the accused to escape after committing murder of Sri.Muhammed Ashir. He had even accompanied the accused to various places and hid him accused from being caught.
8. Though the allegations against the petitioner are serious, considering the period of detention already undergone as well as the nature of allegations raised against him and the overt acts committed by him, I am of the view that his further custody is not necessary, especially since all other accused have already been arrested. 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 Bail Appl. No.8566 of 2025 2025:KER:53377 -5- satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
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 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.8566 of 2025 2025:KER:53377 -6- APPENDIX OF BAIL APPL. 8566/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE F.I.R IN CRIME NO 993/2025 OF NEDUMANAGAD POLICE STATION, THIRUVANANTHAPURAM DATED 12.05.2025.
Annexure A2 THE TRUE COPY OF THE ORDER PASSED BY THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE II, NEDUMANAGD AS CM.P NO 1761/2025 IN CRIME NO 993/2025 OF NEDUMANAGAD POLICE STATION, THIRUVANANTHAPURAM DATED 19.05.2025.
Annexure A3 THE TRUE COPY OF THE ORDER PASSED BY
THE COURT OF SESSIONS JUDGE,
THIRUVANANTHAPURAM AS CRL.M.C NO
1506/2025 IN CRIME NO 993/2025 OF
NEDUMANAGAD POLICE STATION,
THIRUVANANTHAPURAM DATED 03.06.2025. Annexure A4 THE TRUE COPY OF THE ORDER IN B.A NO 7951/2025