Kerala High Court
Shihab @ Aluka vs State Of Kerala on 17 October, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:77423
BAIL APPL. NO. 12539 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
BAIL APPL. NO. 12539 OF 2025
CRIME NO.1248/2025 OF Sooranadu Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl.
NO.10786 OF 2025 OF HIGH COURT OF KERALA
PETITIONER(S):
1 SHIHAB @ ALUKA,
AGED 35 YEARS
S/O.SHAMSUDHEEN RAWTHER, CHIRAYUDE THEKKATHIL,
THEKKEMURI, SOORANAND NORTH.P.O,
KOLLAM., PIN - 690522
2 SALIH
AGED 24 YEARS
S/O. SHAMSUDHEEN, MUKALAYATH KIZHAKKATHIL,
SOORANAD NORTH.P.O, KOLLAM, PIN - 690522
3 AJMAL BIJU
AGED 27 YEARS
S/O. BIJU, MUKALUVILA PADINJATTATHIL,
THEKKEMURI, SOORANAD.P.O, KOLLAM, PIN - 690522
4 ANVARSHA
AGED 24 YEARS
S/O. BIJU, MUKALUVILA PADINJATTATHIL,
THEKKEMURI, SOORANAD.P.O,
KOLLAM, PIN - 690522
5 HASHIM
AGED 24 YEARS
S/O. KAMALUDHEEN, CHARUVILA THEKKETHIL,
THEKKEMURI, SOORANAD.P.O, KOLLAM, PIN - 690522
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BAIL APPL. NO. 12539 OF 2025
2
6 KUTHABDHEEN
AGED 24 YEARS
S/O. BADARUDHEEN, OMAN HOUSE, THEKKETHIL,
THEKKEMURI, SOORANAD.P.O, KOLLAM, PIN - 690522
7 SHEMEEM SHAJI
AGED 24 YEARS
S/O. SHAJI, POONKAVANAM, THEKKETHIL, THEKKEMURI,
SOORANAD.P.O, KOLLAM, PIN - 690522
BY ADVS.
SRI.S.RAJEEV
SRI.RASHEED C.NOORANAD
SRI.V.VINAY
SRI.M.S.ANEER
SHRI.ANILKUMAR C.R.
SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V.
SHRI.AZAD SUNIL
SHRI.AKASH CHERIAN THOMAS
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, PIN - 682031
2 STATION HOUSE OFFICER
STATION HOUSE OFFICER, SOORANADU POLICE
STATION,SOORANAD SOUTH, CHAKKUVALLY, SOORANAD,
KOLLAM, PIN - 690522
SRI.G.SUDHEER - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 12539 OF 2025
3
ORDER
This is an application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
2. The petitioners are accused Nos.1 to 4 and
6 to 8 in Crime No.1248/2025 of Sooranad Police Station.
The offences alleged against the petitioners are punishable
under Sections 189(2), 191(2), 296(b), 126(2), 351(2),
118(1), 118(2), 110 and 190 of the Bharatiya Nyaya
Sanhitha, 2023 (for short 'BNS').
3. The prosecution case as discernible from
Annexure-IV order, reads as under:
"2) The accused persons along with 25 other
identifiable persons formed into an unlawful assembly and
attacked the followers of DYFI, when they had conducted
a procession demanding the resignation of MLA namely
Rahul Mankoottathil, on 21.08.2025 around 09.30 pm, at
HS Jn, Sooranadu with concrete blocks and rafters. When
the defacto complainant tried to deter them, but they
attacked him with rafters and cement blocks, thereby
causing fracture to his nose. If he was unable to warded
off the attack it would have become fatal and would have
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BAIL APPL. NO. 12539 OF 2025
resulted in his death. Thus the accused persons
committed the aforesaid offenses (sic)."
4. The petitioners were arrested on
29.09.2025 and they have been in judicial custody since
then.
5. Heard the learned counsel for the
petitioners and the learned Public Prosecutor.
6. The learned counsel for the petitioners
submitted that the petitioners have been implicated in the
crime due to political animosity. He further submitted that
the investigation is practically over and the further detention
of the petitioners is not required.
7. The learned Public Prosecutor opposed the
bail plea of the petitioners.
8. The learned counsel for the petitioners
submitted that accused Nos.5 and 9 were granted bail by
the Session Court.
9. Having regard to the stage of the
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BAIL APPL. NO. 12539 OF 2025
investigation and the tenure of the judicial custody
undergone by the petitioners, I am of the view that the
petitioners are entitled to be released on bail on conditions.
In the result, the Bail Application is allowed as
follows:
(a) The petitioners are ordered to 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 between 10
A.M. and 11 A.M. for a period of three months or
till the final report is filed, whichever is earlier.
(c) The petitioners shall not try to influence the
prosecution witnesses or attempt to tamper with
the evidence
(d) The petitioners shall not commit any other offence
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BAIL APPL. NO. 12539 OF 2025
while on bail.
(e) 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
nak
2025:KER:77423
BAIL APPL. NO. 12539 OF 2025
APPENDIX OF BAIL APPL. 12539/2025
PETITIONER ANNEXURES
Annexure-I TRUE COPY OF THE FIR IN CRIME
NO.1248/2025 OF SOORANAD POLICE
STATION, KOLLAM DISTRICT DATED
22.08.2025
Annexure II TRUE COPY OF THE FIR IN CRIME NO.
1249/2025 OF SOORANAD POLICE STATION
DATED 22.05.205
Annexure III ORDER DATED 16.09.2025, IN BA NO.
Annexure IV ORDER DATED 29.09.2025 PASSED BY
JUDICIAL MAGISTRATE OF FIRST CLASS II,
SASHTHAMCOTTA, KOLLAM DISTRICT
