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Kerala High Court
Waris Ahmad Itoo vs State Of Kerala on 8 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 2017 of 2026
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2026:KER:31429
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. 2017 OF 2026
CRIME NO.733/2025 OF KASABA POLICE STATION, PALAKKAD
AGAINST THE ORDER DATED 08.01.2026 IN CRL.MC NO.5411 OF 2025
OF SESSIONS COURT, PALAKKAD ARISING OUT OF THE ORDER DATED
20.11.2025 IN CMP NO.13116 OF 2025 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, PALAKKAD
PETITIONER/ACCUSED:
WARIS AHMAD ITOO
AGED 31 YEARS,
S/O NAZIR AHAMED ITOO,
DOORU, ARAMPORA, ANANTNAG,
JAMMU & KASHMIR, PIN - 192211
BY ADVS.
SHRI.ADEEN NAZAR
SRI.ARUN THOMAS
SMT.VEENA RAVEENDRAN
SRI.ANIL SEBASTIAN PULICKEL
SHRI.SHINTO MATHEW ABRAHAM
SMT.LEAH RACHEL NINAN
SHRI.KARTHIK RAJAGOPAL
SHRI.MATHEW NEVIN THOMAS
SHRI.KURIAN ANTONY MATHEW
SMT.APARNNA S.
SHRI.NOEL NINAN NINAN
SHRI.ARUN JOSEPH MATHEW
SHRI.ROHAN MATHEW
RESPONDENT/STATE:
STATE OF KERALA
HIGH COURT OF KERALA,
ERNAKULAM,
B.A.No. 2017 of 2026
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REPRESENTED BY THE PUBLIC PROSECUTOR,
PIN - 682031
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.04.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 2017 of 2026
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ORDER
This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking
regular bail.
2. The applicant is the sole accused in Crime No.733/2025
of Cusba Police Station, Palakkad District. The offences alleged are
punishable under Sections 83, 81, 63(a), 63(d)(i), 63(d)(ii), 63(d)
(iii), 63(d)(iv), 63(d)(vii), 64(2)(k), 64(2)(m), 69 and 118(1) of
the Bharatiya Nyaya Sanhita (BNS), 2023.
3. The prosecution case, in short, is that the applicant,
with the intention to sexually harass the defacto complainant,
established friendship through the matrimonial app MUZ and IMO
app and on 27.11.2024 at 23.00 hours, by promising to marry her,
took her to the bedroom of the house of the applicant's friend in
Delhi and forcibly had intercourse with her. On 29.11.2024, the
applicant with the help of his friend, organized a ceremony in a
Mosque in Delhi on the pretext of performing Nikah on the defacto
complainant and thereafter repeatedly subjected her to
penetrative sexual assault, including unnatural sexual acts,
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coupled with physical torture and threats to kill her minor son. The
allegations also include misappropriation and sale of her diamond
jewellery and continuous sexual exploitation till 16.07.2025 while
they were residing in a rented house at Krishna Gardens Ibal
Apartment, Chandranagar, Palakkad and thereby committed the
offences.
4. I have heard Sri.Adeen Nazar, the learned counsel for
the applicant and Sri.K.A.Noushad, 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. On the other hand, the learned Senior Public
Prosecutor submitted that the alleged incident occurred as a part
of the intentional criminal acts of the applicant, and he is not
entitled to bail at this stage.
6. The applicant and the defacto complainant are husband
and wife. The applicant was remanded to judicial custody on
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04.11.2025. The investigation is almost over and the final report
has already been filed. It is true that the allegation is serious in
nature. However, considering the fact that the applicant has been
in custody for the last more than four months, that the final report
has been filed and that he has no criminal antecedents, I am of
the view that further detention of the applicant is not necessary.
Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicant shall be released on bail on executing a
bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent
sureties for the like sum each to the satisfaction of the
jurisdictional Magistrate/Court.
(ii) One of the sureties shall be from Kerala.
(iii) The applicant shall not commit any offence of a like
nature while on bail.
(iv) The applicant 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
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witnesses or other persons related to the investigation.
(v) The applicant shall not leave the State of Kerala without
the permission of the trial Court.
(vi) The applicant shall not contact the de facto complainant
or enter into the jurisdictional limits of the police station where the
defacto complainant resides.
(vii) The application, if any, for deletion/modification of the
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
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APPENDIX OF BAIL APPL. NO. 2017 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 A TRUE COPY OF THE FIRST INFORMATION REPORT
ALONG WITH THE FIS DATED 04-11-2025 IN CRIME NO.
733/2025 OF PALAKKAD CASUBA POLICE STATION
ANNEXURE 2 A FREE COPY OF THE ORDER DATED 20-11-2025 IN CMP
NO. 13116/2025 OF HON'BLE JUDICIAL FIRST-CLASS
MAGISTRATE COURT-1, PALAKKAD SERVED TO THE
ACCUSED/PETITIONER
ANNEXURE 3 A FREE COPY OF THE ORDER DATED 08-1-2026 IN
CRL.M.C. NO. 5411/2025 OF THE HON'BLE DISTRICT
COURT, PALAKKAD GIVEN TO THE PETITIONER
ANNEXURE 4 A TRUE COPY OF THE MARRIAGE CERTIFICATE DATED
16-06-2025 DULY SIGNED BY THE USTHAD MURTAZIR
ANNEXURE 5 A TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER
WITH THE COMPLAINANT AND OTHER WITNESSES OF THE
MARRIAGE
