Kerala High Court
Shameem vs State Of Kerala on 11 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NOS.9254/2025, 9295/2025
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2025:KER:59998
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
BAIL APPL. NO. 9254 OF 2025
CRIME NO.993/2025 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED 02.07.2025 IN Bail Appl.
NO.8077 OF 2025 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED NO.2:
JAFAR
AGED 38 YEARS
S/O SHAJAHAN PULINCHIYIL PUTHEN VEEDU,
NEDUMANGAD TALUK, ARUVIKKARA VILLAGE
THIRUVANANTHAPURAM, PIN - 695564.
BY ADV SRI.M.R.SARIN
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI. C.K SURESH, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.08.2025,
ALONG WITH BAIL APPL..9295/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
BAIL APPL. NOS.9254/2025, 9295/2025
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2025:KER:59998
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
BAIL APPL. NO. 9295 OF 2025
CRIME NO.993/2025 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED 26.06.2025 IN Bail Appl.
NO.7893 OF 2025 OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED NO.3:
SHAMEEM
AGED 37 YEARS
S/O.GAFOOR, THADATHARIKATHU VEEDU, NEDUMANGAD.
P.O,THIRUVANANTHAPURAM DISTRICT, PIN - 695541.
BY ADV SRI. S. NIKHIL SANKAR
RESPONDENT(S)/STATE/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, (REPRESENTING THROUGH STATION HOUSE OFFICER,
NEDUMANGAD POLICE STATION, NEDUMANGAD.P.O,
THIRUVANANTHAPURAM DISTRICT-695541), PIN - 682031.
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI. C.K SURESH, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.08.2025,
ALONG WITH BAIL APPL..9254/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
BAIL APPL. NOS.9254/2025, 9295/2025
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2025:KER:59998
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.9254 & 9295 of 2025
...................................................
Dated this the 11th day of August, 2025
ORDER
These bail applications are filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner in B.A.No.9254/2025 is the second accused while the petitioner
in B.A.No.9295/2025 is the third accused in Crime No.993/2025 of
Nedumangad 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.
3. The prosecution case is that, on 11.05.2025 pursuant to a scuffle
between accused Nos.1 & 2 and the deceased, a conspiracy was entered
into between accused Nos.1 to 4 to commit murder and thereafter
accused Nos.1 to 3 restrained the deceased and the 1 st accused stabbed
him on his chest and thereby committed the offences alleged. Petitioners
were arrested on 18.05.2025 and they have been in custody since then.
4. I have heard Sri.M.R.Sarin, the learned Counsel for the petitioner in
B.A.No.9254/2025 and Sri.Nikhil Sankar S., the learned Counsel for the
petitioner in B.A.No.9295/2025 as well as Sri.C.K.Suresh, the learned
BAIL APPL. NOS.9254/2025, 9295/2025
2025:KER:59998
Senior Public Prosecutor.
5. The learned Counsel for the petitioners contended that petitioners have
been in custody from 18.05.2025, and they ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted
that the allegations against the petitioners are serious and hence, they
ought not to be released on bail. It was further submitted that the third
accused is involved in 14 other crimes while the second accused is
involved in 9 other crimes.
7. Petitioners, along with other accused, are alleged to have committed
murder of one Muhammed Ashir on 11.05.2025. The specific prosecution
allegation is that the first accused stabbed the deceased resulting in a
fatal injury. Though the role of petitioners are significant in the murder,
considering that the specific overt act is attributed to the first accused
and also taking note of the filing of the final report on 06.08.2025, I am of
the view that further custody of the petitioners is not necessary
8. On a perusal of the nature of antecedents alleged against them, except
for a few offences under the NDPS Act, I am of the view that the said
antecedents need not deter this Court from granting bail to the
petitioners in the present case, especially since the investigation is over
with the final report having already been filed, and the fatal injury having
been inflicted by the overt act of the first accused. Hence, petitioners
are entitled to be released on bail.
9. In the result, these applications are allowed on the following conditions:-
BAIL APPL. NOS.9254/2025, 9295/2025
2025:KER:59998
(a) Petitioners shall be released on bail on each of them
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) Petitioners shall co-operate with the trial of the case.
(c) Petitioners shall not intimidate or attempt to influence
the witnesses; nor shall they attempt to tamper with the
evidence.
(d) Petitioners shall not commit any similar offences while
they are on bail.
(e) Petitioners 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 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/11/08/2025
BAIL APPL. NOS.9254/2025, 9295/2025
2025:KER:59998
APPENDIX OF BAIL APPL. 9295/2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE F.I.R. IN CRIME NO:993/2025 OF
NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM
DISTRICT.
ANNEXURE 2 TRUE COPY OF THE ORDER OF THE J.F.C.M-II
NEDUMANGAD IN C.M.P NO:1641/2025 DATED
15/05/2025.
ANNEXURE 3 TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT
IN B.A NO:7893/2025 DATED 26/06/2025.
BAIL APPL. NOS.9254/2025, 9295/2025
2025:KER:59998
APPENDIX OF BAIL APPL. 9254/2025
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 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 1597/2025 DATED 16.6.2025.
ANNEXURE-A4 THE TRUE COPY OF THE ORDER IN B.A NO
8077/2025 DATED 2.07.2025.
