Kerala High Court

Ameer vs State Of Kerala on 14 October, 2025

Author: K. Babu

Bench: K. Babu

                                                                       2025:KER:76427
B.APPL.NO.12601 OF 2025 & CON. CASES

                                             1


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                       THE HONOURABLE MR.JUSTICE K. BABU
   TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
                            BAIL APPL. NO. 12601 OF 2025
        CRIME NO.1906/2025 OF Chavara Police Station, Kollam
        AGAINST THE ORDER/JUDGMENT IN CRMC NO.2455 OF 2025 OF
DISTRICT       COURT    &    SESSIONS       COURT    /   RENT    CONTROL    APPELLATE
AUTHORITY, KOLLAM

PETITIONER(S)/ACCUSED NO.8:

               MUHAMMED SALIH
               AGED 20 YEARS, S/O. NOUSHAD, SALIF MANZIL,
               THOTTINU VADAKKU, CHAVARA, KOLLAM, PIN - 691583

               BY ADVS.
               SRI.BIJU .C. ABRAHAM
               SHRI.THOMAS C.ABRAHAM
               SHRI.BASIL MATHEW


RESPONDENT(S)/STATE:

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

               ADV.SRI.G.SUDHEER - PP, ADV. SRI.M.C.ASHI - SR.PP,
               ADV.SRI.M.K.PUSHPALATHA- SR.PP


        THIS    BAIL    APPLICATION         HAVING   COME   UP    FOR    ADMISSION   ON
14.10.2025,      ALONG       WITH    Bail    Appl..12527/2025,         12578/2025    AND
CONNECTED      CASES,       THE     COURT   ON   THE     SAME    DAY    DELIVERED    THE
FOLLOWING:
                                               2025:KER:76427
B.APPL.NO.12601 OF 2025 & CON. CASES

                             2



         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
             THE HONOURABLE MR.JUSTICE K. BABU
 TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
               BAIL APPL. NO. 12527 OF 2025
   CRIME NO.1906/2025 OF Chavara Police Station, Kollam



PETITIONER(S)/ACCUSED NOS.11 AND 13:

    1    ACHU VIJAYAN
         AGED 24 YEARS
         S/O VIJAYAN,
         THARAYIL PUTHEN VEEDU,
         THOTTIN VADAKKU,
         CHAVARA, KOLLAM., PIN - 691583

    2    MANOJ
         AGED 23 YEARS
         S/O JAYADEVAN,
         MANUEL BHAVANAM VEEDU,
         THOTTIN VADAKKU, CHAVARA,
         KOLLAM., PIN - 691583

         BY ADVS.
         SRI.C.S.MANU
         SHRI.S.K.PREMRAJ
         SMT.V.SARITHA
         SRI.DILU JOSEPH
         SRI.C.A.ANUPAMAN
         SHRI.T.B.SIVAPRASAD
         SMT.NEETHU.K.SHAJI
         SRI.C.Y.VIJAY KUMAR
         SMT.MANJU E.R.
         SHRI.ALINT JOSEPH
         SHRI.PAUL JOSE
         SMT.DAINY DAVIS
         SHRI.MAHESH KUMAR K.
                                              2025:KER:76427
B.APPL.NO.12601 OF 2025 & CON. CASES

                             3



RESPONDENT/(:)/STATE/COMPLAINANT

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

         SRI.M.C.ASHI - SR. PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.10.2025, ALONG WITH Bail Appl..12601/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                    2025:KER:76427
B.APPL.NO.12601 OF 2025 & CON. CASES

                                 4



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR.JUSTICE K. BABU
 TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
                 BAIL APPL. NO. 12578 OF 2025
   CRIME NO.1906/2025 OF Chavara Police Station, Kollam
        AGAINST THE ORDER/JUDGMENT DATED 29.09.2025 IN CRMC
NO.2457   OF   2025   OF   ADDITIONAL   DISTRICT   COURT   (ADHOC),
KOLLAM

PETITIONER(S)/PETITIONER:

           AMEER
           AGED 20 YEARS, S/O. NASARUDHEEN, AMEER MANZIL,
           THOTTINU VADAKKU MURI, CHAVARA ,
           KOLLAM, PIN - 691583

           BY ADV SMT.R.RANJANIE
RESPONDENT(S)/RESPONDENT:

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

    2      THE STATION HOUSE OFFICER
           CHAVARA POLICE STATION, KOLLAM,
           THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, ERNAKULAM, PIN - 682031

           SMT.M.K.PUSHPALATHA - SR. PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.10.2025, ALONG WITH Bail Appl..12601/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                               2025:KER:76427
B.APPL.NO.12601 OF 2025 & CON. CASES

                              5



         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
             THE HONOURABLE MR.JUSTICE K. BABU
 TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947
               BAIL APPL. NO. 12579 OF 2025
   CRIME NO.1906/2025 OF Chavara Police Station, Kollam

PETITIONER(S)/12TH ACCUSED:

         ADI KRISHNA
         AGED 20 YEARS
         S/O RADHAKRISHNAN, RESIDING AT SRI KRISHNA
         VILASAM VEEDU, VADUTHALA MURI, PANMANA,
         KARUNAGAPPALLI, KOLLAM DISTRICT., PIN - 690518

         BY ADVS.
         SRI.M.KIRANLAL
         SRI.R.RAJESH (VARKALA)
         SRI.MANU RAMACHANDRAN
         SRI.T.S.SARATH
         SHRI.SAMEER M NAIR
         SMT.SAILAKSHMI MENON
         SMT. AASHI K. SHAJAN


RESPONDENT(S)/STATE - COMPLAINANT:

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

    2    XXXXXXXXXX
         XXXXXXXXXX XXXXXXXXXX



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.10.2025, ALONG WITH Bail Appl..12601/2025 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                2025:KER:76427
B.APPL.NO.12601 OF 2025 & CON. CASES

                              6



                           ORDER

[Bail Appl. Nos.12601/2025, 12527/2025, 12578/2025, 12579/2025]

These are applications filed under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023.

and 12 in Crime No.1906/2025. The offences alleged against

the petitioners are punishable under Sections 189(2),

115(2), 117(2), 118(2), 329(4), 296(b), 351(2), 118(1),

110, 190 and 74 of the Bharatiya Nyaya Sanhitha, 2023,

(for short 'BNS), Section 8 r/w Section 7 of the Protection of

Children From Sexual Offences Act, 2012 (for short 'POCSO')

and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i), 33(1)(w)(ii) and

3(2)(va) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (Amendment 2015).

3. The prosecution case is that on 05.9.2025,

at 2.P.M., the petitioners had trespassed into the residence

of the victim and voluntarily caused hurt to one Suresh and 2025:KER:76427 B.APPL.NO.12601 OF 2025 & CON. CASES

other relatives of the victim.

4. The petitioners and the other accused

caused grievous hurt to one Anil by hitting him with a beer

bottle. Accused Nos.4, 5 and 14 committed sexual assault

on the victim and outraged her modesty.

5. Heard the learned counsel for the

petitioners and the learned Public Prosecutor.

6. The petitioners were arrested on

06.09.2025 and they have been in judicial custody since

then.

7. The learned counsel for the petitioners

submitted that they have been falsely implicated in the

crime. It is submitted that the penal provision under the

POCSO Act has been included as a result of after thoughts.

Admittedly, in the FIS there is no such allegation. The

learned counsel for the petitioners submitted that accused

Nos.1, 2, 3, 4 ,7 and 15 were ordered to be released on bail.

8. I have gone through the Case Diary. The 2025:KER:76427 B.APPL.NO.12601 OF 2025 & CON. CASES

investigation is almost in the final stage.

9. Having regard to the stage of investigation

and the tenure of the judicial custody undergone by the

petitioners, they are entitled to be released on bail on

conditions.

In the result, these Bail Applications are allowed as

follows:

(i) The petitioners are ordered to be released

on bail on them executing bond for Rs.1,00,000/-

(Rupees one lakh only) each with two solvent

sureties each for the like sum to the satisfaction of

the jurisdictional court.

(ii) The petitioners shall appear before the

Investigating Officer on all Saturdays between 10

A.M. and 11 A.M. for a period of three months or till

the final report is filed, whichever is earlier.

(iii) The petitioners shall not maintain any

contact with the victim.

2025:KER:76427 B.APPL.NO.12601 OF 2025 & CON. CASES

(iv) The petitioners shall not threaten the

witnesses.

(v) The petitioners shall not leave India without

the prior permission of the jurisdictional court.

Sd/-

K. BABU JUDGE nak 2025:KER:76427 B.APPL.NO.12601 OF 2025 & CON. CASES

APPENDIX OF BAIL APPL. 12527/2025

PETITIONER ANNEXURES

Annexure A-1 TRUE COPY OF THE COMMON ORDER IN CRL.M.P.NO.1655 OF 2025 DATED 09.09.2025 PASSED BY THE JUDICIAL FIRST-CLASS MAGISTRATE'S COURT, CHAVARA.

Annexure A-2 TRUE COPY OF THE ORDER DATED 29-09-2025 IN CRL.M.C. NO. 2455 OF 2025 PASSED BY THE HON'BLE ADDITIONAL SESSIONS JUDGE- I, KOLLAM.

2025:KER:76427 B.APPL.NO.12601 OF 2025 & CON. CASES

APPENDIX OF BAIL APPL. 12578/2025

PETITIONER ANNEXURES

Annexure A1 THE TRUE COPY OF THE FIR, IN CRIME NO.

1906/2025 OF CHAVARA POLICE STATION ALONG WITH FIRST INFORMATION STATEMENT, Annexure A2 THE TRUE COPY OF THE ORDER DATED 29.9.2025 IN CRL.M.C. NO.2457/2025 BEFORE THE COURT OF ADDITIONAL SESSIONS JUDGE-I, KOLLAM, Annexure A3 THE TRUE COPY OF THE CERTIFICATE ISSUED BY TRIPLE I COMMERCE ACADEMY TO THE PETITIONER, DATED 18.9.2025 2025:KER:76427 B.APPL.NO.12601 OF 2025 & CON. CASES

APPENDIX OF BAIL APPL. 12579/2025

PETITIONER ANNEXURES

Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO.

1906 OF 2025 REGISTERED BY THE CHAVARA POLICE STATION Annexure A2 A TRUE COPY OF THE MEDICAL RECORDS RELATING TO THE TREATMENT OF THE PETITIONER'S MOTHER Annexure A3 A TRUE COPY OF THE REMAND APPLICATION DATED 05.09.2025 PERTAINING TO THE PETITIONER Annexure A4 A TRUE COPY OF THE SAID COMPLAINT DATED 21.09.2025, SUBMITTED BY THE PETITIONER'S MOTHER TO THE CITY POLICE COMMISSIONER, KOLLAM Annexure A5 A TRUE COPY OF THE ORDER DATED