Muhammed Haris vs State Of Kerala
2026 Latest Caselaw 2622 Ker

Kerala High Court

Muhammed Haris vs State Of Kerala on 7 April, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

B.A.Nos. 1873, 1879, 1881,
1936, 1945 and 1950 of 2026

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                                                 2026:KER:30693

           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. 1873 OF 2026

   CRIME NO.194/2026 OF KANNUR TOWN POLICE STATION, KANNUR

PETITIONER/ACCUSED NO.2:

          MUHAMMED HARIS,
          AGED 78 YEARS
          S/O ABDUREHIMANKUTTY,
          T.P HOUSE, NEAR POLICE STATION,
          VALAPATTANAM, KANNUR, PIN - 670010

          BY ADV SHRI.MOHAMMED NIHAD
RESPONDENTS/RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
    2     STATION HOUSE OFFICER,
          KANNUR TOWN POLICE STATION,
          KANNUR DISTRICT,
          KERALA, PIN - 670002
          SRI.M.C. ASHI, SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.04.2026, ALONG WITH Bail Appl.1879/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos. 1873, 1879, 1881,
1936, 1945 and 1950 of 2026

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                                                  2026:KER:30693

           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. 1879 OF 2026

   CRIME NO.195/2026 OF KANNUR TOWN POLICE STATION, KANNUR

PETITIONER/ACCUSED NO.2:

          MUHAMMED HARIS,
          AGED 78 YEARS
          S/O ABDUREHIMANKUTTY,
          T.P HOUSE, NEAR POLICE STATION,
          VALAPATTANAM, KANNUR, PIN - 670010

          BY ADV SHRI.MOHAMMED NIHAD


RESPONDENTS/RESPONDENT:

    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
    2     STATION HOUSE OFFICER,
          KANNUR TOWN POLICE STATION,
          KANNUR DISTRICT, KERALA, PIN - 670002
          SMT.SREEJA V., SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.04.2026, ALONG WITH Bail Appl.1873/2026, 1881/2026 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.Nos. 1873, 1879, 1881,
1936, 1945 and 1950 of 2026

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                                                  2026:KER:30693

           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. 1881 OF 2026

   CRIME NO.196/2026 OF KANNUR TOWN POLICE STATION, KANNUR

PETITIONER/ACCUSED NO.2:

          MUHAMMED HARIS,
          AGED 78 YEARS
          S/O ABDUREHIMANKUTTY,
          T.P HOUSE, NEAR POLICE STATION,
          VALAPATTANAM, KANNUR, PIN - 670010

          BY ADV SHRI.MOHAMMED NIHAD
RESPONDENTS/RESPONDENT:

    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
    2     STATION HOUSE OFFICER,
          KANNUR TOWN POLICE STATION,
          KANNUR DISTRICT, KERALA, PIN - 670002
          SRI.M.C. ASHI, SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.04.2026, ALONG WITH Bail Appl.1879/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos. 1873, 1879, 1881,
1936, 1945 and 1950 of 2026

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                                                  2026:KER:30693

           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. 1936 OF 2026

   CRIME NO.194/2026 OF KANNUR TOWN POLICE STATION, KANNUR

PETITIONER/ACCUSED NO.1:

          K.MUHAMMED ANVAR,
          AGED 64 YEARS
          S/O LATE S.HAMEED,
          RESIDING AT RASMINA,
          ANCHUKANDY, P.A ROAD,
          P.O HQ HOSPITAL, KANNUR,
          KERALA, PIN - 670017

          BY ADV SHRI.P.K.NAUSHAD
RESPONDENT/RESPONDENT:

    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
    2     STATION HOUSE OFFICER
          KANNUR TOWN POLICE STATION,
          KANNUR DISTRICT, KERALA, PIN - 670002
          SRI.K.A. NOUSHAD, SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.04.2026, ALONG WITH Bail Appl.1879/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos. 1873, 1879, 1881,
1936, 1945 and 1950 of 2026

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                                                 2026:KER:30693

           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. 1945 OF 2026

   CRIME NO.195/2026 OF KANNUR TOWN POLICE STATION, KANNUR

PETITIONER/ACCUSED NO.1:

          K.MUHAMMED ANVAR
          AGED 64 YEARS
          S/O LATE S.HAMEED,
          RESIDING AT RASMINA,
          ANCHUKANDY, P.A ROAD,
          P.O HQ HOSPITAL, KANNUR
          KERALA, PIN - 670017

          BY ADV SHRI.P.K.NAUSHAD
RESPONDENTS/RESPONDENT:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
    2     STATION HOUSE OFFICER
          KANNUR TOWN POLICE STATION,
          KANNUR DISTRICT,
          KERALA, PIN - 670002
          SRI.K.A. NOUSHAD, SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.04.2026, ALONG WITH Bail Appl.1879/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos. 1873, 1879, 1881,
1936, 1945 and 1950 of 2026

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                                                 2026:KER:30693

           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. 1950 OF 2026

   CRIME NO.196/2026 OF KANNUR TOWN POLICE STATION, KANNUR

PETITIONER/ACCUSED NO.1:

          K.MUHAMMED ANVAR,
          AGED 64 YEARS
          S/O LATE S.HAMEED,
          RESIDING AT RASMINA,
          ANCHUKANDY, P.A ROAD,
          P.O HQ HOSPITAL,KANNUR,
          KERALA, PIN - 670017

          BY ADV SHRI.P.K.NAUSHAD
RESPONDENTS/RESPONDENT:

    1     STATE OF KERALA,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          ERNAKULAM, PIN - 682031
    2     STATION HOUSE OFFICER,
          KANNUR TOWN POLICE STATION,
          KANNUR DISTRICT,
          KERALA, PIN - 670002
          SMT.SREEJA V., SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.04.2026, ALONG WITH Bail Appl.1879/2026 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.Nos. 1873, 1879, 1881,
1936, 1945 and 1950 of 2026

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                                                   2026:KER:30693


                          ORDER

These six bail applications are connected and hence they

are disposed of by a common order. They are filed under

Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023

(for short, BNSS), seeking pre-arrest bail.

2. B.A.No.1873 of 2026 and B.A.No.1936 of 2026

pertains to Crime No.194/2026, B.A.No. 1879 of 2026 and

B.A.No.1945 of 2026 pertains to Crime No.195/2026 and

B.A.No. 1881 of 2026 and B.A.No.1950 of 2026 pertains to

Crime No.196/2026 of Kannur Town Police Station, Kannur

District.

3. B.A.Nos. 1936, 1945 and 1950 of 2026 are filed by

accused No.1 and B.A.Nos. 1873, 1879 and 1881 of 2026 are

filed by accused No.2. Accused No.1 is the Secretary, accused

No.2 is the Treasurer and accused Nos.3 and 4 in all the

crimes are the office bearers of Kannur Merchants Chamber,

which is a registered Society. The offences alleged in all the

crimes are punishable under Sections 318(4) read with B.A.Nos. 1873, 1879, 1881, 1936, 1945 and 1950 of 2026

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

BNS).

4. The prosecution case in all the crimes, in short, is

that the Society received deposits from the defacto

complainants, who are its members, by offering interest at

the rate of 18% to 20% per annum and thereafter cheated

them without returning the principal amount or the interest

offered.

5. I have heard the learned counsel for the applicants

and the learned Senior Public Prosecutors. Perused the case

diary.

6. 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 Prosecutors, on the other hand,

submitted that the alleged incident occurred as a part of the B.A.Nos. 1873, 1879, 1881, 1936, 1945 and 1950 of 2026

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intentional criminal acts of the applicants, and if they are

released on bail at this stage, it will affect the course of the

investigation.

7. I went through the FI Statement. The only

allegation is that the applicants, who are the office-bearers of

Kannur Merchants Chamber, failed to return the deposits

made by the defacto complainants. There is no allegation of

any inducement on the part of the applicants. According to

the applicants, they are prepared to return the money,

provided some time is granted. For these reasons, I do not

find any reason to hold that the continued detention of the

applicants is required for any purpose. Hence, the applicants

are entitled to be released on bail.

In the result, these bail applications are allowed on the

following conditions: -

(i) The applicants 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 B.A.Nos. 1873, 1879, 1881, 1936, 1945 and 1950 of 2026

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each to the satisfaction of the arresting officer/investigating

officer, as the case may be.

(ii) The applicants shall fully cooperate with the

investigation, including subjecting themselves to the deemed

police custody for discovery, if any, as and when demanded.

(iii) The applicants shall appear before the investigating

officer between 10.00 a.m. and 11.00 a.m. every Saturday

until further orders. They shall also appear before the

investigating officer as and when required.

(iv) The applicants shall not commit any offence of a

like nature while on bail.

(v) The applicants 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 applicants shall not leave the State of Kerala

without the permission of the trial Court. B.A.Nos. 1873, 1879, 1881, 1936, 1945 and 1950 of 2026

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(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 B.A.Nos. 1873, 1879, 1881, 1936, 1945 and 1950 of 2026

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APPENDIX OF BAIL APPL. NO. 1873 OF 2026

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT NO. 0194/ 2026 DATED 26/02/2026

ANNEXURE A2 A CERTIFIED COPY OF THE ORDER DATED 19.03.2026 IN B.A NO. 313 OF 2026 PASSED BY THE COURT OF SESSION, THALASSERY B.A.Nos. 1873, 1879, 1881, 1936, 1945 and 1950 of 2026

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APPENDIX OF BAIL APPL. NO. 1879 OF 2026

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT NO.

0195/2026 DATED 26/02/2026

ANNEXURE A2 A CERTIFIED COPY OF THE ORDER DATED 19.03.2026 IN B.A NO. 311 OF 2026 PASSED BY THE COURT OF SESSION, THALASSERY B.A.Nos. 1873, 1879, 1881, 1936, 1945 and 1950 of 2026

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APPENDIX OF BAIL APPL. NO. 1881 OF 2026

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT NO.

0196/ 2026 DATED 26/02/2026

ANNEXURE A2 A CERTIFIED COPY OF THE ORDER DATED 19.03.2026 IN B.A NO. 312 OF 2026 PASSED BY THE COURT OF SESSION, THALASSERY B.A.Nos. 1873, 1879, 1881, 1936, 1945 and 1950 of 2026

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APPENDIX OF BAIL APPL. NO. 1936 OF 2026

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT NO.

0194/ 2026 DATED 26/02/2026 ANNEXURE A2 THE TRUE COPY OF THE ORDER DATED 02.02.2026 IN B.A NO. 132 OF 2026 PASSED BY THE COURT OF SESSION, THALASSERY ANNEXURE A3 THE TRUE COPY OF THE ORDER DATED 24.03.2026 IN B.A NO. 304 OF 2026 PASSED BY THE COURT OF SESSION, THALASSERY B.A.Nos. 1873, 1879, 1881, 1936, 1945 and 1950 of 2026

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APPENDIX OF BAIL APPL. NO. 1945 OF 2026

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT NO.

0195/2026 DATED 26/02/2026 ANNEXURE A2 THE TRUE COPY OF THE ORDER DATED 02.02.2026 IN B.A NO. 132 OF 2026 PASSED BY THE COURT OF SESSION, THALASSERY ANNEXURE A3 THE TRUE COPY OF THE ORDER DATED 24.03.2026 IN B.A NO. 305 OF 2026 PASSED BY THE COURT OF SESSION, THALASSERY B.A.Nos. 1873, 1879, 1881, 1936, 1945 and 1950 of 2026

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APPENDIX OF BAIL APPL. NO. 1950 OF 2026

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE FIRST INFORMATION REPORT NO.

0196/ 2026 DATED 26/02/2026 ANNEXURE A2 THE TRUE COPY OF THE ORDER DATED 02.02.2026 IN B.A NO. 132 OF 2026 PASSED BY THE COURT OF SESSION, THALASSERY ANNEXURE A3 THE TRUE COPY OF THE ORDER DATED 24.03.2026 IN B.A NO. 303 OF 2026 PASSED BY THE COURT OF SESSION, THALASSERY