Kerala High Court
Muhammed Abdul Hakkim vs State Of Kerala on 14 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.9256 of 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
BAIL APPL. NO. 9256 OF 2025
CRIME NO.321/2025 OF Kolathur Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT DATED 28.07.2025 IN CRMC
NO.760 OF 2025 OF DISTRICT COURT& SESSIONS COURT/RENT CONTROL
APPELLATE AUTHORITY, MANJERI
PETITIONER/14TH ACCUSED:
MUHAMMED ABDUL HAKKIM, AGED 36 YEARS
S/O MUHAMMED KUTTY, KOTTILIL HOUSE, AMAYUR. P.O.
PALAKKAD, PIN - 679303
BY ADVS.
SHRI.SAIBY JOSE KIDANGOOR
SHRI.BENNY ANTONY PAREL
SMT.PRAMITHA AUGUSTINE
SMT.AFSANA KHAN
SHRI.SREERAJ S. RAJARAM
SMT.SNEHA J.
SHRI.ADARSH PADMANABHAN
SHRI.AMAL DILEEP
SMT.ANNA PAUL
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
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2 THE STATION HOUSE OFFICER
KOLATHUR POLICE STATION, KOLATHUR,
MALAPPURAM DISTRICT, PIN - 679338
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
......................................................
B.A.No.9256 of 2025
...................................................
Dated this the 14th 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 14th accused in Crime No.321 of 2025
of Kolathur Police Station, Malappuram, registered for the offences
punishable under Sections 127(2), 115(1), 118(1), 137(2), 310(2),
317(3), 238(c) and 110 of the Bharatiya Nyaya Sanhita, 2023.
3. According to the prosecution, on 05.05.2025, the
accused had, due to a previous animosity with the de facto
complainant, attacked him with iron rods and reapers and robbed
the de facto complainant of his mobile phone and a sum of
Rs.7,000/- and thereby committed the offences alleged. Petitioner
was arrested on 05.07.2025 and he has been in custody since
then.
4. Heard Sri.Saiby Jose Kidangoor, the learned Counsel for
the petitioner as well as Sri.Noushad K.A., the learned Public
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Prosecutor.
5. The learned counsel for the petitioner contended that
the prosecution allegations are false and that petitioner has no
involvement in the alleged crime and that he was not even in
station at the relevant time, as evident from Annexures A3 and A4.
It was also submitted that petitioner has been in custody from
05.07.2025 and he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail
application and pointed out that petitioner is involved in six other
cases and that petitioner ought not to be released on bail.
7. Petitioner, along with the other accused, is alleged to
have assaulted the de facto complainant with iron rods and other
dangerous weapons and forcibly abducted him and took him to
various places. Though the allegations are serious, considering the
fact that petitioner was arrested on 05.07.2025 and he has been in
custody since then, I am of the view that further detention is not
necessary. Therefore, petitioner ought to be released on bail.
8. Though the learned Public Prosecutor submitted that
petitioner is involved in six other crimes, considering the period of
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detention already undergone by him in the instant case, those
antecedents need not not deter this Court from granting bail to the
petitioner. Therefore, petitioner ought to be released on bail.
9. Though the learned Counsel for the petitioner
submitted that petitioner was not even in station at the relevant
time as evident from Annexures A3 and A4, I am of the view that a
plea of alibi has to be considered during trial, and not at this
stage.
In the result, this bail 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 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.
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(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
sp/14/08/2025
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APPENDIX OF BAIL APPL. 9256/2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR NO:321/2025 DATED
07.05.2025 OF THE KOLATHUR POLICE
STATION, MALAPPURAM DISTRICT
Annexure A2 A TRUE COPY OF THE ORDER IN CRL.M.C. NO.
760/2025 DATED 28.07.2025 PASSED BY THE
HON'BLE COURT OF SESSION, MANJERI
Annexure A3 TRUE COPY OF THE FLIGHT TICKETS AND THE
TAX INVOICES DATED 01.05.2025
Annexure A4 TRUE COPY OF THE FLIGHT TICKETS AND THE
TAX INVOICES DATED 07.05.2025
