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Kerala High Court
Ramsan Sulthan Basheer J vs State Of Kerala on 16 December, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:96760
B.A.No.14508 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 16TH DAY OF DECEMBER 2025 / 25TH
AGRAHAYANA, 1947
BAIL APPL. NO. 14508 OF 2025
CRIME NO.853/2025 OF VIDYA NAGAR POLICE STATION,
Kasargod
AGAINST THE ORDER/JUDGMENT DATED 09.12.2025 IN CMP
NO.3022 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,KASARAGOD
PETITIONERS/ACCUSED NOS. 1 TO 3:
1 RAMSAN SULTHAN BASHEER J.,
AGED 25 YEARS,
S/O.JAMAL @ MUHAMMED JAMAL, KGN QUARTERS,
MELEPARAMBA, KALANAD, NOW RESIDING AT DELI
JUNCTION, NEAR ARAMANGANAM ROAD, CHEMMANAD
VILLAGE, KASARGODE DISTRICT, PIN - 671121
2 HAMNAS T.H. @ NACHU,
AGED 24 YEARS,
S/O.HASHIM, KHALEEL MANZIL, THERUVATH,
THALANKARA VILLAGE, KASARGODE DISTRICT,
PIN - 671122
3 AZARUDHEEN P.K.,
AGED 36 YEARS,
PUTHUKKULAM HOUSE, PUNJAKKODE, THENKARA
VILLAGE, MANNARKKAD, PALAKKAD DISTRICT,
PIN - 678582
BY ADV
2025:KER:96760
B.A.No.14508 of 2025
2
SRI.BABU S. NAIR
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI,
PIN - 682031
2 THE STATION HOUSE OFFICER,
VIDHYANAGAR POLICE STATION,
KASARGODE DISTRICT, PIN - 671123
*ADDL.R3 MUHAMMED MUSTHAFA, AGED 53 YEARS,
S/O.S.I. MOHAMMED, MUSTHAFA MANZIL,
3RD STREET, IZZATH NAGAR, MADHUR,
KASARAGOD DISTRICT
*ADDL.R4 A. MOHAMMED, AGED 44 YEARS,
S/O.ABDULLA, ANCHIKATTE HOSE, MADANNOOR,
PUTTUR TALUK, DAKSHINA KANNADA,
KARNATAKA STATE, PIN - 574201
*ADDL R3 AND R4 ARE IMPLEADED AS PER ORDER
DATED 16.12.2025 IN CRL.M.A.NO.2 OF 2025 IN
B.A.NO.14508 OF 2025
BY ADV.
SMT. MAYA M.N., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 16.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:96760
B.A.No.14508 of 2025
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BECHU KURIAN THOMAS, J.
-------------------------------------------
B.A. No.14508 of 2025
---------------------------------------------
Dated this the 16th day of December, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are the accused 1 to 3 in Crime
No.853/2025 of Vidya Nagar Police Station, Kasargod
registered for the offences punishable under Sections 303(2),
336(2), 336(3) and 340(2) of the Bharatiya Nyaya Sanhita,
2023 (for short, 'the BNS').
3. The prosecution case is that on 02.12.2025, a
vehicle bearing registration No. KA 70-M-7187, which was
parked outside the residential house of the defacto
complainant was stolen along with an amount of Rs.32,000/-
and other personal belongings of the defacto complainant.
The investigation revealed that the accused had committed
theft of the car and other valuables and thereby committed
the offences alleged. Petitioners were arrested on
04.12.2025 and they have been in custody since then.
2025:KER:96760
4. Heard the learned counsel for the petitioners, the
learned Public Prosecutor as well as the learned counsel for
additional respondents 3 and 4.
5. The learned counsel for the petitioners submitted
that the petitioners have been in custody since 04.12.2025
and hence they ought to be released on bail.
6. The learned Public Prosecutor opposed the bail
application.
7. The learned counsel for the petitioners submitted
that the matter has been settled between the parties and
despite the same having been conveyed to the learned
Magistrate, their bail application was dismissed, after
observing that non-compoundable offences have been
included in the FIR. Before this Court, affidavits of additional
respondents 3 and 4 have been produced as Annexures C
and D, wherein it is mentioned that the crime was initiated
due to certain mistaken facts.
8. The learned counsel appearing for additional
respondents 3 and 4 asserted that the defacto complainant
stands by the contents of the affidavits and that the matter
2025:KER:96760
has been settled between the parties.
9. Having regard to the settlement allegedly entered
into between the parties and also bearing in mind the period
of custody already undergone by the petitioners since
04.12.2025, I am of the view that the further detention of the
petitioners is not necessary. Therefore, the petitioners are
entitled to be released on bail.
In the result, this application is allowed on the
following conditions:-
(a) Petitioners shall be released on bail on them
executing a bond for Rs.50,000/- (Rupees fifty
thousand only) each, with two solvent sureties
each for the like sum to the satisfaction of the
court having jurisdiction.
(b) Petitioners shall appear before the Investigating
Officer as and when required.
(c) Petitioners shall not intimidate or attempt to
influence the witnesses; nor shall they tamper with
the evidence.
(d) Petitioners shall not commit any similar
offences while they are on bail.
In case of violation of any of the above conditions or
if any modification or deletion of the conditions are required,
2025:KER:96760
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
VPK
2025:KER:96760
APPENDIX OF BAIL APPL. NO. 14508 OF 2025
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE F.I.R. IN CRIME
NO.853/2025 DATED, 2-12-2025 OF THE
VIDHYANAGAR POLICE STATION
Annexure B A TRUE COPY OF THE COMMON ORDER
PASSED BY THE J.F.C.M.-I, KASARGODE
IN C.M.P.NO.3022/2025 &
C.M.P.NO.3043/2025 DATED, 9-12-2025
Annexure C THE AFFIDAVIT SWORN TO BY MUHAMMED
MUSTHAFA - THE DEFACTO COMPLAINANT
DATED, 10-12-2025
Annexure D THE AFFIDAVIT SWORN TO BY A. MOHAMMED
- THE R.C. OWNER OF THE VEHICLE
INVOLVED IN THE CRIME, DATED, 10-12-
