Kerala High Court
Nizarudeen vs State Of Kerala on 6 October, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.12222 of 2025 1
2025:KER:73299
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 6TH DAY OF OCTOBER 2025 / 14TH ASWINA, 1947
BAIL APPL. NO. 12222 OF 2025
CRIME NO.993/2025 OF Nedumangad Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED 18.08.2025 IN Bail
Appl. NO.9664 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1:
NIZARUDEEN, AGED 44 YEARS,
S/O BUHARI, LEKSHAM VEEDU, ARUVIKKARA
KOKOTHAMANGALAM, MUNDELA ARUVIKKARA VILLAGE
THIRUVANANTHAPURAM, PIN - 695564
BY ADV SRI.M.R.SARIN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SR.PP- SRI.C.K.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.12222 of 2025 2
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BECHU KURIAN THOMAS, J.
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B.A.No.12222 of 2025
...................................................
Dated this the 6th day of October, 2025
ORDER
This bail application is filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the first accused in Crime No.993 of 2025 of
Nedumangad 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
3. According to the prosecution, on 11.05.2025, pursuant
to a scuffle between accused Nos.1 & 2 and the deceased, a
conspiracy was entered into between accused Nos.1 to 4 to commit
murder and thereafter accused Nos.1 to 3 restrained the deceased
and the 1st accused stabbed him on his chest and thereby
committed the offences alleged. The prosecution further alleges
that the 1st accused left the place on a motor cycle kept by the 4 th
accused nearby the place of incident, while the 5 th accused
harboured the accused after the commission of offence. Petitioner
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was arrested on 12.05.2025 and he has been in custody since then.
4. Heard Sri.M.R.Sarin, the learned Counsel for the
petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
5. The learned counsel for the petitioner contended that
the entire prosecution allegations are false and that petitioner has
been wrongly implicated as an accused in the aforesaid crime.
According to the learned Counsel, petitioner is innocent and the
same can be easily proved during trial. It was also pointed out that
accused 2 to 4 have already been granted bail and taking into
consideration the period of detention already undergone by the
petitioner and also the fact that there is no chance of any
immediate trial, petitioner ought to be released on bail. It was also
submitted that petitioner is willing to abide by any conditions
imposed by this Court while granting him bail.
6. The learned Public Prosecutor opposed the bail
application and submitted that the allegations levelled against the
petitioner are serious in nature, as he is the person who inflicted
the fatal injury on the victim and, therefore, he ought not to be
released on bail. It was further submitted that grant of bail to
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accused numbers 2 to 4 cannot be a precedent for the petitioner,
as the specific overt act which resulted in the death of the
deceased is attributed to the petitioner, whereas the other accused
had only restrained the victim. The learned Public Prosecutor also
pointed out that the deceased had sustained 21 antemortem
injuries, and also that petitioner is involved in six other cases, two
of which are under Section 307 of the Indian Penal Code, 1860.
7. I have considered the rival contentions.
8. Petitioner is alleged to have stabbed the deceased on
the chest, while the other accused had restrained him. Petitioner,
along with the other accused, is alleged to have conspired to
commit murder. The specific overt act that resulted in the fatal
injury is attributed to the petitioner, while the other accused are
alleged to have either harboured the first accused or conspired with
him to restrain the deceased. As rightly pointed out by the learned
Public Prosecutor, the grant of bail to accused Nos. 2 to 4 has no
bearing on the petitioner's claim for bail, as the specific overt act is
attributed to him.
9. Petitioner is involved in Crime No.283 of 2007 of
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Nedumangad Police Station as well as Crime No.722 of 2008 of the
aforesaid Police Station, both under Section 307 of the Indian Penal
Code, 1860. Apart from the above, there are other crimes
committed by the petitioner in the years 2022, 2023 as well as in
2025. Taking note of the nature of allegations against the petitioner
and also the antecedents, I am of the view that he cannot be
released on bail.
10. Further, the postmortem report reveals that the
deceased had sustained 22 antemortem injuries, of which 11 are
incised wounds and 6 are incised penetrative wounds. The nature
of injuries inflicted by the petitioner on the deceased indicates the
brutal nature of the attack. Since the specific overt acts are
attributed to the petitioner, I am of the view that he cannot be
released on bail.
Accordingly, this bail application is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
sp/06/10/2025
2025:KER:73299
APPENDIX OF BAIL APPL. 12222/2025
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, NEDUMANGAD AS CM.P NO 1640/2025 DATED
15.05.2025
Annexure A3 THE TRUE COPY OF THE ORDER PASSED BY THE
COURT OF SESSIONS JUDGE,
THIRUVANANTHAPURAM AS CRL.M.CNO 1752/2025
DATED 16.6.2025
AnnexureA4 THE TRUE COPY OF THE ORDER IN BA NO.9664/
2025 DATED 18.09.2025
