Kerala High Court
Jamil Mohammed vs State Of Kerala on 8 October, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 8427 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 8TH DAY OF OCTOBER 2025 / 16TH ASWINA, 1947
BAIL APPL. NO. 8427 OF 2025
CRIME NO.16 of 2024 OF CRIME BRANCH POLICE STATION, IDUKKI
PETITIONER/ACCUSED NO.1:
JAMIL MOHAMMED
AGED 47 YEARS, S/O MOHAMMEDKUTTY,
ERACHAMVEETTIL, ORUMANAYOOR P.O,
THRISSUR NOW RESIDING AT VILLA #P76,
CAMINO-3, DUABILAND,
DUBAI, PIN - 680512
BY ADVS.
SHRI.JOY GEORGE
SMT.PRAICY JOSEPH
SMT.TANYA JOY
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE DEPUTY SUPERINTENDENT OF POLICE-II
CRIME BRANCH,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
THODUPUZHA, IDUKKI DISTRICT, PIN - 685584
3 DEPUTY SUPERINTENDENT OF POLICE-I
CRIME BRANCH,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
KALAMASSERY, ERNAKULAM, PIN - 682301
B.A.No. 8427 of 2025
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*4 SHEMI MUSTHAFA
D/O MUHAMMADH MUSTHAFA KHANI RAVUTHAR,
SHEMI MANZIL, VETTIMUKAL (P.O),
ETTUMANOOR, KOTTAYAM, KERALA PIN -695607
*[ADDL.R4 IS IMPLEADED AS PER ORDER DATED
08.08.2025 IN CRL MA 1/2025 IN BA 8427].
BY ADVS.
SRI.P.K.VARGHESE
SHRI.RAMEES P.K.
SHRI.ADITHYA VARMA S.
SRI.P.NARARYANAN-SPL.GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 8427 of 2025
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ORDER
This application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest
bail.
2. The applicant is the accused No.1 in Crime No. 16
of 2024 of Crime Branch Police Station, Idukki. The offences
alleged are punishable under Sections 120B of 302, 307 and
201 r/w Section 34 of the IPC.
3. The prosecution case, in short, is that while the de-
facto complainant was coming downhill in his Land Rover
Defender car bearing registration No. TO-623-KL-9627 from
Mankulam to Ettumanoor in the evening on 16.09.2023, a
Toyota Innova car bearing registration No. KL-53-G-2480
travelling in the same direction attempted to collide with the
Defender vehicle with intent to topple it. It is alleged that if
its driver had not swerved, the vehicles would have collided
with each other and his car would have toppled down into the
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valley injuring him fatally. According to the prosecution, the
accused No.1 conspired with the remaining accused and
attempted to kill the defacto complainant by colliding the
Toyota Innova car bearing registration No. KL-53-G-2480
driven by the accused No.6 with the Land Rover Defender car
bearing registration No. TO-623-KL-9627 of the defacto
complainant.
4. I have heard Sri. Joy George, the learned counsel
for the applicant, Sri.P.K.Varghese, the learned Additional
Public Prosecutor and Sri. P.Narayanan, the learned Special
Government Pleader. Perused the case diary.
5. The learned counsel for the applicant submitted
that the applicant is innocent and has been falsely implicated
in the present case. The counsel further submitted that no
materials are on record to connect the applicant with the
alleged crime; hence, he is entitled to get bail. The learned
Special Government Pleader and the learned counsel for the
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defacto complainant, on the other hand, submitted that the
alleged incident occurred as a part of the intentional criminal
acts of the applicant, and if he is granted pre-arrest bail, it
will affect the course of the investigation. It is further
submitted that custodial interrogation of the applicant is
inevitable.
6. A detailed objection statement has been filed by
the investigating officer.
7. Admittedly, the applicant was not travelling in the
Toyota Innova car involved in the accident. It has come on
record that at the time of the alleged incident, he was
abroad. It is also pertinent to note that neither the defacto
complainant nor anyone in the vehicle has sustained any
injury. According to the prosecution, due to the business
rivalry between the applicant and the defacto complainant,
the applicant wanted to do away with the defacto complainant
and accordingly he conspired with the remaining accused and
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intentionally caused the alleged accident. The learned Special
Government Pleader relied on the digital evidence collected
so far, pertaining to certain WhatsApp chats and telephone
conversations between the applicant with one of his
associates namely Shanavas and his brother Shiras who is
the driver of the defacto complainant. The prosecution also
relied on the calls made between the applicant and accused
No.2 and accused No.2 with accused No.3. I went through the
case records. It is true that there were several chats and
contact over the phone between these persons prior to and
after the incident. But that alone is not sufficient at this
juncture to connect the applicant with the incident. In the
investigation conducted so far, there is nothing on record to
suggest any overt act committed by the applicant. Further,
the case diary reveals that there was no damage at all to any
of the vehicles involved in the accident. Nobody in the
vehicles sustained any injury also. The applicant has no
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criminal antecedents. Considering the allegations levelled
against the applicant, his custodial interrogation does not
appear to be necessary. For these reasons, it is a fit case
where pre-arrest bail can be granted to the applicant.
In the result, the application is allowed on the following
conditions:-
(i) The applicant shall be released on bail in the event
of his arrest on executing a bond for Rs.1,00,000/- (Rupees
One lakh only) with two solvent sureties for the like sum each
to the satisfaction of the arresting officer/investigating officer,
as the case may be.
(ii) The applicant shall fully cooperate with the
investigation, including subjecting himself to the deemed
police custody for discovery, if any, as and when demanded.
(iii) The applicant shall appear before the investigating
officer between 10.00 a.m. and 11.00 a.m. every Saturday
until further orders. He shall also appear before the
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investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like
nature while on bail.
(v) The applicant shall not attempt to contact any of
the prosecution witnesses, directly or through any other
person, or in any other way try to tamper with the evidence
or influence any witnesses or other persons related to the
investigation.
(vi) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of
bail conditions or cancellation of bail on the grounds of
violating the bail conditions shall be filed at the jurisdictional
court.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
APA
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APPENDIX OF BAIL APPL. 8427/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO. 1215/2023
DATED 30.09.2023
ANNEXURE A2 TRUE COPY OF THE ORDER NO.
D2/17768/2024/PHQ OF THE STATE POLICE CHIEF
DATED 02.02.2024
ANNEXURE A3 TRUE COPY OF THE THE PROCEEDINGS OF THE
DISTRICT POLICE CHIEF IDUKKI HANDING OVER
THE FILE TO CRIME BRANCH DATED 03.02.2024
ANNEXURE A4 TRUE COPY OF THE FIR IN CRIME NO. 16/2024
DATED 07.02.2024 REGISTERED U/S 120B R/W
308 IPC BY RENUMBERING ANNEXURE A1
ANNEXURE A5 TRUE COPY OF THE ADDITIONAL REPORT CHANGING
THE SECTION OF OFFENCE IN ANNEXURE A1 DATED
16.03.2024
ANNEXURE A6 TRUE COPY OF THE JUDGMENT DATED 30.09.2023
ANNEXURE A7 TRUE COPY OF THE INTERIM ORDER OF THE
HON'BLE SUPREME COURT DATED 13.12.2024 IN
SLP CRL NO. 17082-17086/2024
ANNEXURE A8 TRUE COPY OF THE FACT-FINDING REPORT OF THE
ADDITIONAL SUPERINTENDENT OF POLICE, IDUKKI
DATED 24.10.2024
ANNEXURE A9 TRUE COPY OF THE REPORT DATED 15.02.2025 BY
THE 3RD RESPONDENT DEPUTY SUPERINTENDENT OF
POLICE CRIME BRANCH ERNAKULAM
ANNEXURE A10 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE STATE POLICE CHIEF
AGAINST ANNEXURE A9 REPORT DATED 19.05.2025
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RESPONDENT ANNEXURES
ANNEXURE R4(A) A TRUE COPY OF THE REPRESENTATION DATED
25/09/2023 BEFORE THE STATE POLICE CHIEF,
KERALA
ANNEXURE R4(B) THE TRUE COPY OF THE OBJECTION REPORT FILED
BY SUPERINTENDENT OF POLICE-II CRIME BRANCH
IDUKKI DATED 21.06.2021
