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Kerala High Court
Sajeer vs State Of Kerala on 8 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:31753
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
BAIL APPL. NO. 1931 OF 2026
CRIME NO.168/2026 OF MEPPAYUR POLICE STATION, KOZHIKODE
PETITIONERS/ACCUSED 2 & 3:
1 SAJEER
AGED 38 YEARS
S/O SAIDU, VARAPPURATH KUNI, URALLUR, KOYILANDI,
KOZHIKODE, PIN - 673620
2 SAHAD (WRONGLY SHOWN IN THE FIR AS CHIMMU)
AGED 29 YEARS
S/O SAIDU, VARAPPURATH KUNI, URALLUR, KOYILANDI,
KOZHIKODE, PIN - 673620
BY ADVS.
SHRI.T.SHAJITH
SHRI.MUHAMMAD SABITH
SHRI.NAJAH EBRAHIM V.P.
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
SMT.SREEJA V., SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.1931 of 2026
-2-
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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.2 and 3 in Crime
No.168/2026 of Meppayur Police Station, Kozhikode District.
The offences alleged are punishable under Sections 126(2) and
118(1) of the Bharatiya Nyaya Sanhita, 2023 (for short, the
BNS).
3. The prosecution case, in short, is that on 10.03.2026
at 08.30 p.m., accused Nos.1 to 4, in furtherance of their
common intention to commit crime, trespassed into the
courtyard of the house of the informant and thrown chilli
powder over his eyes. Then, the accused No.1 beat him with an
iron rod and the other accused persons stabbed his leg with
sword and sticks. They have further kicked the informant and
thereby caused severe injury to him. When the de facto
complainant's mother intervened in the matter, she was also
assaulted.
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4. I have heard Sri.T.Shajith, the learned counsel for
the applicants and Smt. Sreeja V., 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. Annexure A1 is the FIR relating to the above crime.
Annexure-A4 is the FIR in respect of the counter case. The de
facto complainant herein is the accused in Annexure-A4 crime.
Accused Nos.1 and 4 in this crime are the de facto complainants
and injured in Annexure-A4 crime. Both Annnexures A1 and A4
crimes are registered on 13.03.2026. Even though, the incident
in respect of both crimes took place on 10.03.2026, the incident
pertaining to Annexure-A4 crime took place first. Annexure-A7
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would show that the de facto complainant is a habitual offender
and he is involved in so many crimes. KAAPA proceedings were
also initiated against him. The investigation is almost over and
recovery has been effected. Accused Nos.1 and 4 have been
already released on bail. Considering the allegations made
against the applicants, their custodial interrogation seems
unnecessary. For these reasons, I find this to be an appropriate
case to grant pre-arrest bail to the applicants.
In the result, the application is 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
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
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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.
(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
SKP
2026:KER:31753
APPENDIX OF BAIL APPL. NO. 1931 OF 2026
PETITIONERS' ANNEXURES:
Annexure A1 THE TRUE COPY OF FIR IN CRIME NO. 168/2026
REGISTERED ON 13/03/2026 IS PRODUCED
HEREWITH AND MARKED AS ANNEXURE A1.
Annexure A2 THE COPY OF THE DISMISSED BAIL ORDER IN
BAIL APPLICATION NO. 426/2026 DATED ON
25/03/2026 IS PRODUCED HEREWITH AND MARKED
FOR REFERENCE AS ANNEXURE:A2.
Annexure A3 THE TRUE COPY OF FIR IN CRIME NO. 63/2025
REGISTERED ON 13/01/2025 IS PRODUCED
HEREWITH AND MARKED AS ANNEXURE A3.
Annexure A4 1. THE COPY OF THE FIR IN CRIME NO:167/2026
IS PRODUCED HEREWITH AND MARKED FOR
REFERENCE AS ANNEXURE:A4
Annexure A5 THE COPY OF THE REMAND REPORT IN CRIME NO.
168/2026 OF MEPPAYYUR POLICE STATION ON
14/03/2026 IS PRODUCED HEREWITH AND MARKED
FOR REFERENCE AS ANNEXURE:A5
Annexure A6 THE COPY OF THE BAIL ORDER IN BA
NO:417/2026 ON 25/03/2026 IS PRODUCED
HEREWITH AND MARKED FOR REFERENCE AS
ANNEXURE:A6.
Annexure A7 THE TRUE COPY OF THE REPORT SUBMITTED BY
THE DYSP, PERAMBRA RECOMMENDING INITIATION
OF KAAPA PROCEEDINGS AGAINST THE DE FACTO
COMPLAINANT. THIS CLEARLY ESTABLISHES THE
ANTECEDENTS AND CRIMINAL PROPENSITY OF THE
COMPLAINANT, THE REPORT DATED NIL IS
PRODUCED HEREWITH AND MARKED FOR REFERENCE
AS ANNEXURE: A7
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
