Citation : 2025 Latest Caselaw 712 Ker
Judgement Date : 8 July, 2025
BAIL APPL. NO. 7942 OF 2025
1
2025:KER:49875
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
BAIL APPL. NO. 7942 OF 2025
CRIME NO.290/2025 OF BADIADUKKA POLICE STATION, KASARGOD
AGAINST THE ORDER/JUDGMENT DATED 16.06.2025 IN BAIL APPL.
NO.7105 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
MUZAMMIL M.T
AGED 18 YEARS
S/O ABDUL MAJEED, R/AT DASJSSALAM,
MAVILAKADAPURAM P.O, VALIYAPARAMBA VILLAGE,
HOSDURG, KASARAGOD, KERALA -, PIN - 671312
BY ADVS.
SRI.R.ANAS MUHAMMED SHAMNAD
SRI.T.U.SUJITH KUMAR
SRI.C.C.ANOOP
SMT.ARCHANA HARIDAS K.
SHRI.SALEEK.C.A.
SHRI.HAMDAN MANSOOR K.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
BADIADKA POLICE STATION,
KASARAGOD DISTRICT-, PIN - 671551
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 7942 OF 2025
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2025:KER:49875
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.7942 of 2025
...................................................
Dated this the 8th 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 1st accused in Crime No.290 of 2025 of Badiadka Police
Station, Kasaragod, registered for the offences punishable under Section
66C of the IT Act and Sections 13(a), 13(c) and 14 of the Protection of
Children from Sexual Offences Act, 2012
3. According to the prosecution, during the period between 20.03.2025 and
26.03.2025, the accused created a fake Facebook account and Instagram
account in the name of the victim using her mobile number and through
WhatsApp and other social media platforms, published fake nude videos
of the victim and thereby committed the offences alleged. Petitioner was
arrested on 10.05.2025 and has been in custody since then.
4. Heard the learned Counsel for the petitioner as well as the learned Public
Prosecutor.
5. The learned counsel for the petitioner vehemently contended that
petitioner is very young in age and it should be taken into consideration
by this Court while deciding this bail application, especially since the
nature of allegations ought to be treated as an aberration of a young BAIL APPL. NO. 7942 OF 2025
2025:KER:49875
mind.
6. The learned Public Prosecutor opposed the bail application and submitted
that custodial interrogation is necessary. It was further submitted that
the final report in the instant case has already been filed on 31.05.2025.
7. On a consideration of the rival contentions, this Court notices that the
petitioner's earlier bail application was dismissed by this Court on
16.06.2025, and this application was filed subsequently witin three days.
Though the allegations against the petitioner are very serious,
considering that the petitioner is only 18 years in age and the final report
has already been filed, I am of the view that the continued detention is
not required in the circumstances of the case, especially since petitioner
has been in custody since 10.05.2025. Therefore, the petitioner is
entitled to be released on bail.
8. 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 satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.
BAIL APPL. NO. 7942 OF 2025
2025:KER:49875
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
AMV/08/07/2025 BAIL APPL. NO. 7942 OF 2025
2025:KER:49875
APPENDIX OF BAIL APPL. 7942/2025
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE ORDER IN CRIMINAL MISCELLANEOUS CASE NOS. 836/2025 BEFORE THE SPECIAL COURT FOR ATROCITIES AGAINST WOMEN & CHILDREN (ADDL. SESSIONS COURT-1) KASARAGOD DATED 24-05-2025 ANNEXURE A2 A TRUE COPY OF THE ORDER IN BAIL APPLICATION NO. 7105 OF 2025 DATED 16.06.2025 ANNEXURE A3 A TRUE COPY OF THE HALL TICKET FOR SAY/IMPROVEMENT EXAMINATION OF THE PETITIONER BEARING REGISTRATION NUMBER 24403759
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