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.
--------------------------------------
Bail Appl. No.8745 of 2025
------------------------------------
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
2025:KER:58818
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
2025:KER:58818
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
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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
2025:KER:58818
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.
