Citation : 2025 Latest Caselaw 12625 Ker
Judgement Date : 30 December, 2025
2025:KER:98896
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
TUESDAY, THE 30TH DAY OF DECEMBER 2025/9TH POUSHA, 1947
BAIL APPL. NO. 14532 OF 2025
CRIME NO.896/2025 OF OTTAPALAM POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED 06.12.2025 IN CMP
NO.8268 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I,
OTTAPPALAM
PETITIONER/ACCUSED NO.1:
ABDUL RAHIMAN FARIS
AGED 28 YEARS
S/O BASHEER T.A, THORAPARAMBIL HOUSE, PERUR P.O.,
PATHIRIPALA, OTTAPPALAM, PALAKKAD, PIN - 679302
BY ADVS.
SRI.ARUN ASHOK
SMT.NEENA JAMES
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM, PIN 682031
SRI. U. JAYAKRISHNAN, P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
This application seeking regular bail has been filed by the
1st accused in crime No.896/2025 of Ottappalam Police Station,
registered alleging commission of offences punishable under
Section 126(2), 115(2), 118(1), 110 r/w 3(5) of Bharatiya Nyaya Sanhita
(for short "BNS").
2. Prosecution allegation is that, due to a previous animosity
towards the de facto complainant, on 06.10.2025, at 8:30 p.m., the
accused Nos.1 to 5, in furtherance of their common intention at
Pathirippala - Pookkattukunnu Road, wrongfully restrained the de
facto complainant, and the 1st accused stabbed on his left arm with a
knife, and the 2nd accused hit on his left finger using a country
stone. In the meantime, the 3rd accused kicked the chest of the de
facto complainant, and the 4th and 5th accused beat him using their
bare hands. If the de facto complainant had not warded off the
attack of the 1st accused using the knife, his death would have
occurred. Hence, the accused is alleged to have committed the
above-said offences.
3. Heard the learned counsel appearing for the petitioner and
the learned Public Prosecutor and pursued the records.
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4. The allegation that the petitioner, along with the other
accused, attacked the de facto complainant using weapons cannot be
viewed lightly. From a perusal of the available records, it is
gatherable that the accusation levelled against the petitioner is
prima facie well-founded. There is a specific allegation that the
petitioner, who is arrayed as the 1st accused in this case, stabbed the
left hand of the de facto complainant with a knife. Virtually, the
main overt act is assigned to the petitioner. Anyhow, the petitioner
was arrested in this case on 21.11.2025, and since then, he has been
under judicial custody. The knife allegedly used by the petitioner
has reportedly been recovered. As the investigation in this case has
progressed substantially and is on the verge of completion, further
judicial incarceration of the petitioner will serve no purpose. Hence,
having regard to the days of detention already undergone by the
petitioner and the present stage of investigation, I am inclined to
grant bail to the petitioner on the following conditions:-
1. The petitioner shall execute a bond for Rs.1,00,000/-
(Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
2. The petitioner shall appear before the Investigating Officer on every Monday and Friday between 10 a.m. BA.NO.14532 of 2025 :4:
2025:KER:98896
and 11 a.m. for a period of three months or until the final report is filed, whichever occurs first.
3. The petitioner shall also appear before the investigating officer on as and when required and shall co-operate with the investigation.
4. The petitioner shall not commit any offence while on bail.
5. If the petitioner violates any of the above conditions, the investigating officer shall be at liberty to file an appropriate application for cancellation of bail before the jurisdictional court. Upon such application being filed, the jurisdictional court may pass appropriate orders, notwithstanding the fact that the bail was granted by this Court.
Sd/-
JOBIN SEBASTIAN
JUDGE
ANS
BA.NO.14532 of 2025 :5:
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APPENDIX OF BAIL APPL. NO. 14532 OF 2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO 896 OF 2025 OF THE OTTAPALAM POLICE STATION DATED 07-10-2025 Annexure A2 A TRUE COPY OF THE ORDER PASSED IN C.M.P NO.
8268 OF 2025 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT NO. I, OTTAPALAM DATED 06-12-2025
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