Kerala High Court
Muzammil M.T vs State Of Kerala on 8 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 7942 OF 2025
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2025:KER:49875
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
BAIL APPL. NO. 7942 OF 2025
CRIME NO.290/2025 OF BADIADUKKA POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED 16.06.2025 IN BAIL APPL.
NO.7105 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
MUZAMMIL M.T
AGED 18 YEARS
S/O ABDUL MAJEED, R/AT DASJSSALAM,
MAVILAKADAPURAM P.O, VALIYAPARAMBA VILLAGE,
HOSDURG, KASARAGOD, KERALA -, PIN - 671312
BY ADVS.
SRI.R.ANAS MUHAMMED SHAMNAD
SRI.T.U.SUJITH KUMAR
SRI.C.C.ANOOP
SMT.ARCHANA HARIDAS K.
SHRI.SALEEK.C.A.
SHRI.HAMDAN MANSOOR K.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
BADIADKA POLICE STATION,
KASARAGOD DISTRICT-, PIN - 671551
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 7942 OF 2025
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2025:KER:49875
BECHU KURIAN THOMAS, J.
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B.A. No.7942 of 2025
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Dated this the 8th 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 1st accused in Crime No.290 of 2025 of Badiadka Police Station, Kasaragod, registered for the offences punishable under Section 66C of the IT Act and Sections 13(a), 13(c) and 14 of the Protection of Children from Sexual Offences Act, 2012
3. According to the prosecution, during the period between 20.03.2025 and 26.03.2025, the accused created a fake Facebook account and Instagram account in the name of the victim using her mobile number and through WhatsApp and other social media platforms, published fake nude videos of the victim and thereby committed the offences alleged. Petitioner was arrested on 10.05.2025 and has been in custody since then.
4. Heard the learned Counsel for the petitioner as well as the learned Public Prosecutor.
5. The learned counsel for the petitioner vehemently contended that petitioner is very young in age and it should be taken into consideration by this Court while deciding this bail application, especially since the nature of allegations ought to be treated as an aberration of a young BAIL APPL. NO. 7942 OF 2025 3 2025:KER:49875 mind.
6. The learned Public Prosecutor opposed the bail application and submitted that custodial interrogation is necessary. It was further submitted that the final report in the instant case has already been filed on 31.05.2025.
7. On a consideration of the rival contentions, this Court notices that the petitioner's earlier bail application was dismissed by this Court on 16.06.2025, and this application was filed subsequently witin three days. Though the allegations against the petitioner are very serious, considering that the petitioner is only 18 years in age and the final report has already been filed, I am of the view that the continued detention is not required in the circumstances of the case, especially since petitioner has been in custody since 10.05.2025. Therefore, the petitioner is entitled to be released on bail.
8. 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.
BAIL APPL. NO. 7942 OF 2025 4 2025:KER:49875 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 AMV/08/07/2025 BAIL APPL. NO. 7942 OF 2025 5 2025:KER:49875 APPENDIX OF BAIL APPL. 7942/2025 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE ORDER IN CRIMINAL MISCELLANEOUS CASE NOS. 836/2025 BEFORE THE SPECIAL COURT FOR ATROCITIES AGAINST WOMEN & CHILDREN (ADDL. SESSIONS COURT-1) KASARAGOD DATED 24-05-2025 ANNEXURE A2 A TRUE COPY OF THE ORDER IN BAIL APPLICATION NO. 7105 OF 2025 DATED 16.06.2025 ANNEXURE A3 A TRUE COPY OF THE HALL TICKET FOR SAY/IMPROVEMENT EXAMINATION OF THE PETITIONER BEARING REGISTRATION NUMBER 24403759