Kerala High Court
Hamsheer @ Achikka vs State Of Kerala on 24 October, 2025
Author: K.Babu
Bench: K. Babu
2025:KER:79208
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
BAIL APPL. NO. 12692 OF 2025
CRIME NO.428/2025 OF PANDIKAD POLICE STATION,
MALAPPURAM AGAINST THE ORDER/JUDGMENT DATED 17.09.2025 IN CMP
NO.3198 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
PERINTHALMANNA.
PETITIONER:
MUHAMMAD HASHIM.,
AGED 36 YEARS,
S/O. IBRAHIM, ITTITHARAYIL HOUSE,
PUNNAYOOR VILLAGE, AKALAD DESOM,
CHAVAKKAD TALUK, THRISSUR, PIN - 680 506.
BY ADVS.
SRI.V.V.JOY
SHRI.HEMANTH H.
SMT.SRUTHI RAJIT
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA AT ERNAKULAM,
PIN - 682 031.
2 NASIYA
W/O SHAMEER, VATTIPARAMBATH HOUSE,
PANDIKKAD, MALAPPURAM, PIN - 676 521.
Bail Appl. Nos.12426 and 12692 of 2025
2025:KER:79208
-2-
SRI.M.C.ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.10.2025, ALONG WITH Bail Appl.12426/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.12426 and 12692 of 2025
2025:KER:79208
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
BAIL APPL. NO. 12426 OF 2025
CRIME NO.428/2025 OF PANDIKAD POLICE STATION, MALAPPURAM
PETITIONERS:
1 HAMSHEER @ ACHIKKA.,
AGED 30 YEARS
S/O.HANEEFA, PANIKKA VEETTIL HOUSE, BABY ROAD,
MANATHALA, CHAVAKKAD, THRISSUR,
PIN - 680 506.
2 AFSAL.,
AGED 35 YEARS,
S/O.ABDU, KIZHAKKAKATH HOUSE, BEEVIPPADI,
KARIMBULLU, VELIYANKODE, MALAPPURAM,
PIN - 679 579.
3 MUSTHAFA @ FAYAS.,
AGED 28 YEARS,
S/O.HANEEFA, THERUVATH HOUSE, VELIYANKODE,
CHAVAKKAD, THRISSUR, PIN - 680 506.
4 SHAMSEER.,
AGED 30 YEARS,
S/O.SHANU, PUTHUVEETTIL HOUSE, PUTHANKADAPPURAM,
CHAVAKKAD, THRISSUR, PIN - 680 506.
5 MUHAMMED SHAFI P.,
AGED 29 YEARS,
S/O IBRAHIM, PENGATTAYIL HOUSE, PERUMPADAPPU POST,
ARIYOOR, MALAPPURAM, PIN - 679 580.
6 NISHAD P M.,
AGED 28 YEARS,
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S/O.MUHAMMEDUNNI, PUTHUPPARAKKAL HOUSE,
AKALAD POST, THRISSUR, PIN - 680 518.
7 SHANAVAS.,
AGED 31 YEARS,
S/O SUJABHUDEEN, SHIJNA MANZIL, KOKKOD POST,
KOTTARAKKARA, KADUVAPPARA, KOLLAM,
PIN - 691 506.
BY ADVS.
SRI.V.V.JOY
SMT.SRUTHI RAJIT
SHRI.HEMANTH H.
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM,
PIN - 682 031.
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADV SHRI.AMAL PARTHASARADHY
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.10.2025, ALONG WITH Bail Appl..12692/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
Bail Appl. Nos.12426 and 12692 of 2025
2025:KER:79208
-5-
K.BABU, J.
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Bail Appl. Nos.12426 and 12692 of 2025
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Dated this the 24th day of October, 2025
ORDER
These are applications filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
2. The petitioners are accused Nos.1 to 4 and 8 to
11 in Crime No.428 of 2025 of Pandikad Police Station. The
offences alleged are punishable under Sections 127(3), 140(1),
61(2), 115(2), 118(1), 109, 351(3), 111 and 311 r/w Section 3(5)
of the Bharatiya Nyaya Sanhita, 2023 ( for short 'BNS').
3. The prosecution case, as narrated in Annexure-
1 order in B.A.No.12692 of 2025 reads as follows:-
"On 12.08.2025, at 19.52 hours, at Pandikkad
Amsom, in front of Pandikkad Tourist Home owing to
certain financial transactions between accused No.1 and
the husband of the defacto complainant while abroad, and
with the intention of eliminating the said husband, accused
Nos.1 to 15 criminally conspired together, kidnapped him,
wrongfully detained him, and thereafter assaulted him with
hands and weapons while demanding ransom money.
Accordingly, the accused have committed offences
punishable under Sections 127(3), 140(1) 61(2), 115(2),
118(1), 109, and 351(3) read with Section 3(5) of the
Bharatiya Nyaya Sanhita (BNS). (Sic)"
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4. The petitioners were arrested on 15.08.2025
and 16.08.2025, and they have been in judicial custody since
then.
5. I have heard Sri.V.V.Joy., the learned counsel
for the petitioners and Sri.M.C.Ashi., the learned Public
Prosecutor.
6. The learned counsel for the petitioners
submitted that accused Nos.6 and 7 were released on bail as per
order dated 09.09.2025, in Crl.M.C.No.951 of 2025 of the
learned Sessions Judge.
7. The case of the petitioners is that the
investigation is practically over and further detention of the
petitioners is not required.
8. The learned Public Prosecutor opposed the bail
application on the ground that the petitioners have criminal
antecedents.
9. The learned counsel appearing for the de facto
complainant opposed the bail application on the ground that the
offences alleged are grave in nature and the petitioners have
criminal antecedents.
10. I have gone through the Case Diary. The
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investigation is practically over and hence, further detention of
the petitioners is not required.
11. Having regard to the fact that the
investigation is practically over, I feel that the petitioners are
entitled to be released on bail.
In the result, these bail applications are allowed on the
following conditions: -
(a) The petitioners shall be released on bail on
their executing bond for Rs.50,000/- (Rupees fifty thousand only)
each with two solvent sureties each for the like sum to the
satisfaction of the jurisdictional Court.
(b) The petitioners shall appear before the
Investigating Officer on all Mondays, Wednesdays and Fridays
between 10.00 a.m and 11.00 a.m until further orders.
(c) The petitioners shall not leave the State of
Kerala without the permission of the Investigating Officer.
(d) The petitioners shall surrender their passports
before the jurisdictional Court. If they have no passport, the
petitioners shall file an affidavit to that effect within two weeks
after their release.
(e) The petitioners shall not commit any similar
offence while on bail.
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(f) The petitioners shall not try to influence the
prosecution witnesses or attempt to tamper with the evidence.
(g) If any of the bail conditions are violated by the
petitioners, the jurisdictional court will be at liberty to cancel the
bail, in accordance with law.
Sd/-
K.BABU,
JUDGE
ADS
Bail Appl. Nos.12426 and 12692 of 2025
2025:KER:79208
APPENDIX OF BAIL APPL. 12692/2025
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE ORDER OF THE JFCM
COURT-II, PERINTHALMANNA DATED 17.09.2025
IN CMP NO. 3198/2025 ARISING FROM CRIME
NO.428/2025 OF PANDIKKAD POLICE STATION.
Bail Appl. Nos.12426 and 12692 of 2025
2025:KER:79208
APPENDIX OF BAIL APPL. 12426/2025
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE COMMON ORDER OF THE
SESSIONS COURT MANJERI DATED 23.09.2025 IN
CRL.MC NO. 971/2025, CRL.MC 960/2025 AND
CRL.MC 990/2025 ARISING FROM CRIME
NO.428/2025 OF PANDIKKAD POLICE STATION.
