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Abdul Rahiman Faris vs State Of Kerala
2025 Latest Caselaw 12625 Ker

Citation : 2025 Latest Caselaw 12625 Ker
Judgement Date : 30 December, 2025

[Cites 0, Cited by 0]

Kerala High Court

Abdul Rahiman Faris vs State Of Kerala on 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:
 BA.NO.14532 of 2025              :2:

                                                       2025:KER:98896


                              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.

 BA.NO.14532 of 2025              :3:

                                                        2025:KER:98896


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:

                                              2025:KER:98896

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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