Kerala High Court
Yoosaf @ Kunjootty vs State Of Kerala on 16 June, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 6605 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947
BAIL APPL. NO. 6605 OF 2025
CRIME NO.182/2025 OF NATTUKAL POLICE STATION, PALAKKAD
PETITIONER/ACCUSED NOS.1 & 2 (INCUSTODY FROM 01.05.2025]:
1 YOOSAF @ KUNJOOTTY,
AGED 34 YEARS
S/O HAIDROSE,
PERUNDAPURATH, NATTUKAL,
THACHANATTUKARA-I,
PALAKKAD DISTRICT - 678 583.
2 MUHAMMED SHIHABUDHEEN
AGED 34 YEARS
S/O MUHAMMEDALI, VALLOR KAVIL,
THODUKAPPU, NATTUKAL,
THACHANATTUKARA-II,
PALAKKAD DISTRICT, PIN - 678 583.
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
SHRI.BENSON AMBROSE
RESPONDENTS/STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BAIL APPL. NO. 6605 OF 2025
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2 THE STATION HOUSE OFFICER
NATTUKAL POLICE STATION,
NATTUKAL P.O,
PALAKKAD DISTRICT, PIN - 678 554.
SRI. NOUSHAD K.A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.06.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 6605 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.6605 of 2025
...................................................
Dated this the 16th day of June, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused Nos.1 and 2 in Crime No.182/2025 of Nattukal
Police Station, Palakkad District; registered for the offences punishable
under Sections 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 110 and
190 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that, on 30.04.2025, accused had, due to a
previous animosity towards the defacto complainant, for having filed a
case against them, assaulted him with a stone and on various parts of
his body, and thereby committed the offences alleged.
4. I have heard the learned counsel for the petitioners as well as the
learned Public Prosecutor.
5. The learned counsel for the petitioners submitted that petitioners were
arrested on 01.05.2025 and have been in custody since then. It was
further submitted that the allegations against the petitioners are totally
false, and therefore, petitioners ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted
that, the allegations are serious in nature. It was further submitted that,
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the first accused is involved in 16 other crimes and the second accused is
involved in eight other crimes apart from the proceedings under the
KAAPA having been initiated against both of them. Therefore, petitioners
ought not to be released on bail.
7. Petitioners are alleged to have assaulted the defacto complainant due to
a previous animosity for having filed a case against them. Though the
learned Public Prosecutor, submitted that petitioners are involved in
several other crimes, apart from KAAPA proceedings, I am of the view
that their continued detention is not required in the circumstances of the
case. Therefore, the petitioners are entitled to be released on bail.
8. In the result, this application is allowed on the following
conditions:-
(a) Petitioners shall be released on bail on each of them
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) 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.
(e) Petitioners 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
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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/16/06/2025
BAIL APPL. NO. 6605 OF 2025
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APPENDIX OF BAIL APPL. 6605/2025
PETITIONER ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO.182 OF 2025 OF NATTUKAL POLICE
STATION, PALAKKAD
ANNEXURE 2 TRUE COPY OF THE JUDGMENT DATED 09.05.2025 IN
B.A. NO. 6285/2025 PASSED BY THIS HON'BLE
COURT
