Kerala High Court
Abdul Hakeem@Abdul Hakkim T A vs State Of Kerala on 25 September, 2025
2025:KER:71742
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 25TH DAY OF SEPTEMBER 2025 / 3RD ASWINA, 1947
CRL.MC NO. 8475 OF 2025
CRIME NO.1076/2023 OF KAIPAMANGALAM POLICE STATION,
THRISSUR,
IN CP NO.153 OF 2025 OF JUDICIAL FIRST CLASS MAGISTRATE
COURT, KODUNGALLUR
PETITIONER/ACCUSED:
ABDUL HAKEEM@ABDUL HAKKIM T A
AGED 30 YEARS, S/O ABDUL KAREEM,
THOPPIYIL HOUSE, MEPPURAMA ROAD,
CHULOOR.P.O, VALAPPAD, THRISSUR, PIN 680 567
BY ADVS.
SRI.RAJIT
SMT.SRUTHI RAJIT
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA AT ERNAKULAM, PIN 682 031
BY ADV.
SRI.SUDHEER.G - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25.09.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C. No.8475 of 2025
-2-
G. GIRISH, J.
-----------------------------
Crl.M.C. No.8475 of 2025
------------------------------------
Dated this the 25th day of September, 2025
ORDER
The petitioner is the accused in C.P.No.153 of 2025 on the files
of the Judicial First Class Magistrate Court, Kodungallur. The offences
alleged against him are under Sections 354, 376(2)(m), 506 and 417
of the IPC.
2. The petitioner had earlier approached this Court by filing
Crl.M.C.No.3051 of 2024 for quashing the criminal proceedings
against him on the ground of settlement of the issue with the
defacto complainant. In the above matter, a learned Single Judge of
this Court has passed Annexure 3 - order on 31.07.2024 directing
that there shall not be any coercive steps against the petitioner for a
period of ten days to enable him to move bail as per law. It was
further made clear in the aforesaid order that the petitioner shall
subject himself for interrogation and conduct of potency test as part
of the investigation, if the Investigating Officer insisted for the same.
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It was also made clear in the aforesaid order that the protection
granted thereunder shall not be available after completion of ten
days from the date of that order.
3. In compliance with the aforesaid order, the petitioner is
said to have surrendered before the Investigating Officer and
undergone the requisite procedures of investigation as insisted by
the Investigating Officer. Thereafter, he left the country, and moved
BA No.6729 of 2024 before this Court for pre-arrest bail. As per
Annexure 4 - order dated 11.02.2025, a learned Single Judge of this
Court had disposed of the above bail application with the
observation that when the petitioner comes back from his place of
employment abroad, he is free to file fresh bail application with
travel documents. In the meanwhile, the Investigating Officer filed
the Final Report mentioning that the petitioner is absconding. The
aforesaid Final Report was taken on to files by the learned
Magistrate as C.P.No.153 of 2025 and summons was ordered to the
petitioner for his appearance on 26.09.2025. Apprehending that the
petitioner might be remanded to judicial custody, the present
petition is filed under Section 528 of the BNSS, for a direction to the
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Committal Court, to consider the bail application moved by petitioner
on the date of surrender itself, and to pass appropriate orders
guided by the ratio laid down by the Hon'ble Apex Court in Aman
Preet Singh vs. CBI [2021 (6) KHC 54].
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor representing the State of Kerala.
5. Having regard to the nature of the reliefs sought for in
this Crl.M.C., I deem it appropriate to dispose of this Crl.M.C. with
the following directions :-
(i)The petitioner is permitted to surrender before the
Judicial First Class Magistrate Court, Kodungallur, within a
period of ten days from today.
(ii) During the aforesaid period of ten days, there
shall not be any coercive steps taken against the petitioner.
(iii) If the petitioner surrenders before the learned
Magistrate within the aforesaid period of ten days and
moves a bail application, that application shall be considered
preferably on the very same day and orders shall be passed
following the principles of law laid down by the Hon'ble
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Apex Court in Aman Preet Singh (supra) and also in
Dataram Singh v. State of U.P and Another [ 2018(1)
KHC 901].
Sd/-
G. GIRISH
JUDGE
ded/25.09.2025
2025:KER:71742
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE FINAL REPORT FILED BY THE
KAIPAMANGALAM POLICE IN CRIME NO.1076/2023
Annexure 2 A TRUE COPY OF THE INTERIM ORDER DATED
01.04.2024 IN CRL.MC NO. 3051/2024 OF THIS
HON'BLE COURT
Annexure 3 A TRUE COPY OF THE ORDER DATED 31.07.2024 IN
CRL.MC NO 3051/2024 OF THIS HON'BLE COURT
Annexure 4 A TRUE COPY OF THE ORDER DATED 11.02.2025 IN
B.A NO. 6729/2024 OF THIS HON'BLE COURT
Annexure 5 A TRUE COPY OF THE SUMMONS DATED 16.08.2019
ISSUED BY THE LEARNED JFCM KODUNGALLUR
Annexure 6 A TRUE COPY OF THE JUDGMENT DATED 20.09.2021
IN CRL MC NO. 1661/2021 OF THIS HON'BLE COURT
