Kerala High Court
Muhammed Farook vs State Of Kerala on 18 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:53377
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
BAIL APPL. NO. 8566 OF 2025
CRIME NO.993/2025 OF NEDUMANGAD POLICE STATION,
THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT DATED
26.06.2025 IN BAIL APPL. NO.7951 OF 2025 OF HIGH COURT OF
KERALA.
PETITIONER:
MUHAMMED FAROOK,
AGED 43 YEARS,
S/O MUHAMMED HANEEFA, PALLIVILAKATH
THADATHARIKATHU VEEDU, THEKKUMKARA,
VALICODE, NEDUMANAGAD TALUK, NEDUMANAGAD
VILLAGE, THIRUVANANTHAPURAM,
PIN - 695 541.
BY ADV SRI.M.R.SARIN
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
BY ADVS.
PUBLIC PROSECUTOR
ADDL.DIRECTOR GENERAL OF PROSECUTION
SRI. NOUSHAD K. A. (PP)
Bail Appl. No.8566 of 2025
2025:KER:53377
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8566 of 2025
2025:KER:53377
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BECHU KURIAN THOMAS, J.
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Bail Appl. No.8566 of 2025
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Dated this the 18th day of July, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the fourth accused in Crime No.993 of
2025 of Nedumanagad 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 (for short 'BNS').
3. According to the prosecution, the first and second
accused had murdered the deceased Sri.Muhammed Ashir on
11.05.2025 at 6.00 p.m., pursuant to a conspiracy entered into
between them and thereafter, the fourth accused helped the
offender to escape and also travelled along with him and thereby
committed the offences alleged. Petitioner was arrested on
18.05.2025, and he has been in custody since then.
4. I have heard Sri.Sarin Madhavapanicker Rajendran.,
the learned counsel for the petitioner as well as Sri.C.K.Suresh, the
learned Senior Public Prosecutor.
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5. The learned counsel for the petitioner submitted that
the petitioner has been in custody from 18.05.2025, onwards and
hence he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail
application and pointed out that the petitioner has been roped in as
an accused under Section 58 of the BNS. The allegations against
the petitioner are serious and his involvement in the crime has
already been identified.
7. Petitioner is alleged to have enabled the accused to
escape after committing murder of Sri.Muhammed Ashir. He had
even accompanied the accused to various places and hid him
accused from being caught.
8. Though the allegations against the petitioner are
serious, considering the period of detention already undergone as
well as the nature of allegations raised against him and the overt
acts committed by him, I am of the view that his further custody is
not necessary, especially since all other accused have already been
arrested. Therefore, the petitioner is entitled to be released on bail.
In the result, this 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
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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.
(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
ADS
2025:KER:53377
APPENDIX OF BAIL APPL. 8566/2025
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 IN CRIME NO 993/2025 OF
NEDUMANAGAD POLICE STATION,
THIRUVANANTHAPURAM 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
1506/2025 IN CRIME NO 993/2025 OF
NEDUMANAGAD POLICE STATION,
THIRUVANANTHAPURAM DATED 03.06.2025.
Annexure A4 THE TRUE COPY OF THE ORDER IN B.A NO
