Shanoof vs State Of Kerala
2026 Latest Caselaw 2619 Ker

Citation : 2026 Latest Caselaw 2619 Ker
Judgement Date : 7 April, 2026

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Kerala High Court

Shanoof vs State Of Kerala on 7 April, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                              2026:KER:30935


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

             THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

        TUESDAY, THE 7TH DAY OF APRIL 2026/17TH CHAITHRA, 1948

                      BAIL APPL. NO. 1864 OF 2026

        CRIME NO.137/2026 OF OTTAPALAM POLICE STATION, PALAKKAD

PETITIONERS/ACCUSED NOS.1 TO 3:

    1       SHANOOF
            AGED 31 YEARS, SON OF MUJEEB RAHMAN,
            AAKAPARAMBIL HOUSE, AKALOOR (P.O), LAKKIDI,
            OTTAPALAM, PALAKKAD DISTRICT, PIN - 679302

    2       SHAFEEQ RAHMAN
            AGED 32 YEARS, SON OF MUHAMMED ALI,
            AAKAPARAMBIL HOUSE, AKALOOR (P.O), LAKKIDI,
            OTTAPALAM, PALAKKAD DISTRICT, PIN - 679302

    3       UMMER THASRIF
            AGED 35 YEARS, S/O. ABOOBACKER SIDIQ,
            AAKAPARAMBIL HOUSE, AKALOOR (P.O), LAKKIDI,
            OTTAPALAM, PALAKKAD DISTRICT, PIN - 679302

            BY ADV SRI.NIREESH MATHEW


RESPONDENT/COMPLAINANT-STATE:

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

             BY ADV.
             SRI.M.C. ASHI, SR. PP


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
07.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 1864 OF 2026
                                        2
                                                                 2026:KER:30935

                                ORDER

This application is filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,

BNSS), seeking pre-arrest bail.

2. The applicants are the accused Nos.1 to 3

in Crime No.137/2026 of Ottapalam Police Station,

Palakkad District. The offences alleged are punishable

under Sections 126(2), 115(1), 118(1) and 110 read with

Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, on

08.02.2026 at 21:30 hours, at Lakkidi ITC Junction, during

Lakkidi vow festival, there were verbal altercation and

scuffle between a group called 'Brothers' from Lakkidi who

were bringing 'Urbana' and a group called 'Black Battalion'

from Nellikurissi. On seeing that the de facto complainant

went to defend them, the accused No.1 stabbed him on the

stomach with a knife, causing injury. Accused Nos.2 and 3

along with other identifiable accused, wrongfully restrained

the de facto complainant's friends Appakkattil Faizal and

Appakkattil Sherief, beat them with their hands and one of BAIL APPL. NO. 1864 OF 2026

2026:KER:30935

the accused stabbed them with the knife causing injury to

them and thereby committed the above mentioned

offences.

4. I have heard Sri. Nireesh Mathew, the

learned counsel for the applicants and Sri. M.C.Ashi, the

learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants

submitted that the applicants are innocent and have been

falsely implicated in the above crime. The counsel further

submitted that no materials are on record to connect the

applicants with the alleged crime; hence, they are entitled

to get bail. The learned Senior Public Prosecutor, on the

other hand, submitted that the alleged incident occurred as

a part of the intentional criminal acts of the applicants, and

if they are released on bail at this stage, it will affect the

course of the investigation.

6. I went through the FIS. Specific overt act

has been attributed against the accused No.1/applicant

No.1 in the FI Statement. He has used a weapon and the

de facto complainant and two others have sustained

serious injuries as well. Therefore, I am of the view that BAIL APPL. NO. 1864 OF 2026

2026:KER:30935

he cannot be granted pre-arrest bail. However, no specific

overt act has been attributed aganst the accused Nos.2

and 3/applicant Nos.2 and 3. They have not used any

weapon. The only allegation is that they assaulted the de

facto complainant and his friends with their hands. Hence,

I am of the view that their custodial interrogation is not

necessary and they can be granted pre-arrest bail.

In the result, the application is allowed in part on

the following conditions:-

(i) The applicant Nos.2 and 3 shall be

released on bail in the event of their arrest on executing a

bond for Rs.1,00,000/- (Rupees One lakh only) each 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 Nos.2 and 3 shall fully

cooperate with the investigation, including subjecting

themselves to the deemed police custody for discovery, if

any, as and when demanded.

(iii) The applicant Nos.2 and 3 shall appear

before the investigating officer between 10.00 a.m. and BAIL APPL. NO. 1864 OF 2026

2026:KER:30935

11.00 a.m. every Saturday until further orders. They shall

also appear before the investigating officer as and when

required.

(iv) The applicant Nos.2 and 3 shall not

commit any offence of a like nature while on bail.

(v) The applicant Nos.2 and 3 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 Nos.2 and 3 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