Kerala High Court

Muhammed Yasir K.P vs State Of Kerala on 9 May, 2025

Author: K. Babu

Bench: K. Babu

                                                       2025:KER:33653
B.A No.5573 of 2025
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                      THE HONOURABLE MR.JUSTICE K. BABU

     FRIDAY, THE 9TH DAY OF MAY 2025 / 19TH VAISAKHA, 1947

                         BAIL APPL. NO. 5573 OF 2025

     CRIME NO.90/2011 OF PATTAMBI POLICE STATION, PALAKKAD

PETITIONER/ACCUSED NO.2:

                MUHAMMED YASIR K.P.,
                AGED 39 YEARS,
                S/O. BASHEER, PAKIRITHODI-KANJIRAPILATHINKAL
                HOUSE, THOTTAKKARA, OTTAPALAM P.O.,
                PALAKKAD, PIN - 679101

                BY ADVS.
                E.A.HARIS
                M.A.AHAMMAD SAHEER
                MUHAMMED YASIL
                AAGI JOHNY


RESPONDENT/STATE AND COMPLAINANT:

                STATE OF KERALA,
                REPRESENTED BY PUBLIC PROSECUTOR,
                HIGH COURT OF KERALA, PIN - 682031

                BY ADV
                SMT. T.V. NEEMA, SR PP.


        THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.05.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                                           2025:KER:33653
B.A No.5573 of 2025
                                         2



                                      K.BABU, J.
                      --------------------------------------
                                 B.A No.5573 of 2025
                      ---------------------------------------
                          Dated this the 9th day of May, 2025
                                     ORDER

This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

2. The petitioner is accused No.2 in Crime No.90/2011 of Pattambi Police Station. The offences alleged against the petitioner are punishable under Sections 324 and 307 read with Section 34 of the IPC.

3. The petitioner was arrested on 13.03.2025 and has been in judicial custody since then.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned Public Prosecutor opposed the bail plea of the petitioner.

6. The trial against all other accused is over. Except accused 2025:KER:33653

No.1, all other accused were acquitted by the Sessions Court as per judgment dated 26.10.2018 in SC No.699/2015.

7. Having regard to the nature of the allegations, the tenure of judicial custody undergone by the petitioner and the fact that this is a charge sheeted case, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows:

(a) The petitioner is ordered to be released on bail on his executing bond for Rs.50,000/ (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The petitioner shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

prosecution witnesses or attempt to tamper with the evidence.

K.BABU, JUDGE KAS 2025:KER:33653

APPENDIX OF BAIL APPL. 5573/2025

PETITIONER ANNEXURES

Annexure A1 THE TRUE COPY OF THE JUDGMENT DATED 26.10.2018 IN SC NO. 699 OF 2015 ON THE FILES OF ADDITIONAL SESSIONS JUDGE, OTTAPALAM

Annexure A2 THE TRUE COPY OF THE ORDER DATED 09.04.2025 IN CRL.MC NO.1866/2025 ON THE FILES OF SESSIONS COURT, PALAKKAD