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Kerala High Court
Mohammed Nihal vs State Of Kerala on 7 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:30649
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. 1842 OF 2026
CRIME NO.52/2026 OF HARBOUR POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.15:
MOHAMMED NIHAL,
AGED 23 YEARS
T R/19/175, VELIPARAMBIL VEEDU, MLA ROAD, LABHAM
MAVELI STORE, PALLURUTHY, ERNAKULAM, KERALA, PIN -
682006.
BY ADVS.
SRI.P.MOHAMED SABAH
SRI.LIBIN STANLEY
SMT.SAIPOOJA
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
SHRI.BENSON AMBROSE
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2 THE STATION HOUSE OFFICER,
HARBOUR POLICE STATION, WILLINGDON ISLAND,
ERNAKULAM DISTRICT,, PIN - 682003.
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 1842 OF 2026 2
2026:KER:30649
ORDER
This application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking pre-arrest bail.
2. The applicant is the accused No.15 in Crime
No.52/2026 of Harbour Police Station, Ernakulam District. The
offences alleged are punishable under Sections 296(b), 115(2),
118(1), 351(3), 310(2), 111(2)(b), 142 and 312 of the Bharatiya
Nyaya Sanhita, 2023 and Section 7 r/w Section 27(2) of the Arms
Act, 1959.
3. The prosecution case, in short, is that due to
previous enmity towards the defacto complainant and his friend,
the accused persons, with an intention to commit robbery and
cause death to the defacto complainant and his friend, on
12.02.2026 at about 12.00 a.m., formed themselves into an
unlawful assembly and, in prosecution of the common object of
assembly, abducted and confined the defacto complainant and his
friend. Accused Nos.1 to 7 kicked and slapped the chest and
abdomen of the defacto complainant. Accused No.1 threatened to
kill him by putting a pistol on his forehead in a car bearing
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registration No.KL-43-B7911. Accused No.3 committed robbery of
an amount of Rs.1,50,000/- from the car bearing registration
No.KL-69A-0025 owned by the friend of the defacto complainant
and thereby committed the aforesaid offences.
4. I have heard Sri.P.Mohamed Sabah, the learned
counsel for the applicant and Sri.M. C. Ashi, the learned Senior
Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted
that the applicant is innocent and has been falsely implicated in
the present case. The counsel further submitted that no materials
are on record to connect the applicant with the alleged crime;
hence, he is entitled to bail. The learned Senior Public Prosecutor,
on the other hand, submitted that the alleged incident occurred as
part of the applicant's intentional criminal acts, and if he is
released on bail at this stage, it will affect the course of the
investigation
6. The law regarding the grant or refusal of pre-
arrest bail is well settled. Pre-arrest bail cannot be granted as a
matter of course. The power under Section 482 of BNSS could be
exercised only when a special case is made out, that too,
recording reasons thereof. Perusal of the case diary reveals that
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the accusation made against the applicant is very serious in
nature, and it prima facie shows a premeditated criminal act on
his part. The CCTV footage as well as the videos recorded on the
mobile phone of the accused would show that the applicant was
present at the scene of occurrence. Considering the gravity of the
offence and stage of the investigation, I am of the view that this is
not a fit case where the extraordinary jurisdiction vested with this
Court under Section 482 of BNSS could be invoked.
7. The learned counsel for the applicant submitted
that the applicant is ready to surrender before the investigating
officer. Accordingly, this bail application is disposed of on the
following conditions:
(i) The applicant shall appear before the Investigating
Officer within a week from today and shall subject himself to
interrogation.
(ii) After interrogation, if the Investigating Officer arrests
the applicant, he shall be produced before the jurisdictional court
without undue delay.
(iii) On production of the applicant before the
jurisdictional court, if any application for bail is filed, the court
shall consider the same, preferably on the same day itself, in
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accordance with law.
(iv) The copy of the bail application shall be given to
the Prosecutor in advance.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
mea
2026:KER:30649
APPENDIX OF BAIL APPL. NO. 1842 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.52 OF 2026 OF HARBOUR
POLICE STATION, ERNAKULAM DISTRICT
Annexure 2 TRUE COPY OF THE FIRST INFORMATION
STATEMENT IN CRIME NO.52 OF 2026 OF
HARBOUR POLICE STATION, ERNAKULAM
DISTRICT
Annexure 3 TRUE COPY OF THE WORKSHEET FOR THE
VEHICLE DATED 29.01.2026, ISSUED IN THE
NAME OF THE PETITIONER BY THE NAVAL SHIP
REPAIR YARD, KOCHI
Annexure 4 TRUE COPY OF THE ORDER DATED 17.03.2026
IN B.A. NO.1341/2026 PASSED BY THIS
HONOURABLE COURT
Annexure 5 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 24.02.2026 ISSUED BY CONSULTANT,
ORTHOPAEDIC SURGEON, MEDICAL TRUST
HOSPITAL
Annexure 6 TRUE COPY OF THE ORDER DATED 19.03.2026
IN B.A NO.493/2026 PASSED BY THE
HONOURABLE COURT OF THE SESSIONS JUDGE,
ERNAKULAM
