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Kerala High Court
Abdul Gafoor S.T.P vs State Of Kerala on 10 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:32443
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 10TH DAY OF APRIL 2026 / 20TH CHAITHRA, 1948
BAIL APPL. NO. 2064 OF 2026
CRIME NO.812/2025 OF MAYYIL POLICE STATION, KANNUR
AGAINST THE ORDER DATED IN CMP NO.24 OF 2026 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -III(MOBILE),KANNUR
PETITIONERS/5TH AND 6TH ACCUSED:
1 ABDUL GAFOOR S.T.P
AGED 47 YEARS
SON OF MAHAMMOOD SOOPPIKKADATH THAVARA-
PUTHIYAPURAYIL HOUSE,PAZHANGADI,MUTTAM PO,VENGARA,
NOW RESIDING AT P.P HOUSE, NELLIKKAPPALAM,P.O.
KOLACHERI,KANNUR DISTRICT., PIN - 670601.
2 SHYJU NARAYANAN
AGED 48 YEARS
SON OF NARAYANAN,SHYNI COTTAGE,NIDIYENGA,NEAR
NIDIYENGA LP SCHOOL,P.O.NIDIYENGA,KANNUR DISTRICT,
PIN - 670601.
BY ADVS.
SHRI.LUKE J CHIRAYIL
SMT.NEHA RAMAKRISHNAN
SMT.CHITHRA C.EDADAN
SHRI.ZAINUDHEEN P.
SHRI.JACOB VICTOR
SHRI.A.R.THEJAS KRISHNA
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, HIGH COURT BUILDINGS,ERNAKULAM, PIN -
682031.
2 THE STATION HOUSE OFFICER
MAYYIL POLICE STATION,KANNUR DISTRICT,KERALA,
B.A. No. 2064 OF 2026 2
2026:KER:32443
PIN - 670602.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.04.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 2064 OF 2026 3
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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 applicants are the accused Nos.5 and 6 in
Crime No.812/2025 of Mayyil Police Station, Kannur District. The
offences alleged are punishable under Sections 465, 468, 471 and
420 r/w Section 34 of the Indian Penal Code,1860.
3. The prosecution case, in short, is that the
accused Nos.1 to 6 with intention to cheat the defacto
complainant induced him to deliver Rs.61,86,94,149/- and gold
ornaments promising him to register properties in his name during
the period from 01.01.2010 to 31.12.2024 and cheated him
without registering the property or returning the amount paid.
Thus, the applicants are alleged to have committed the above
offences.
4. I have heard Sri.Luke J. Chirayil, the learned
counsel for the applicants and Sri.K.A. Noushad, 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
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in the present case. The counsel further submitted that no
materials are on record to connect the applicants with the alleged
crime; hence, they are entitled to bail. On the other hand, the
learned Public Prosecutor submitted that the alleged incident
occurred as a part of the intentional criminal acts of the
applicants, and they are not entitled to bail at this stage.
6. The applicants were remanded to judicial
custody on 12.03.2026. The investigation is almost over. All the
remaining accused are on bail. 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, the application is allowed on the following
conditions: -
(i) The applicants shall be released on bail 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 jurisdictional Magistrate/Court.
(ii) The applicants shall fully co-operate with the
investigation.
(iii) The applicants shall appear before the
investigating officer between 10.00 a.m and 11.00 a.m every
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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.
(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
mea
2026:KER:32443
APPENDIX OF BAIL APPL. NO. 2064 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR DATED 29.11.2025 IN
CRIME NO. 812 OF 2025 OF MAYYIL POLICE
STATION, KANNUR DISTRIC
Annexure A2 TRUE COPY OF FIS IN CRIME NO. 812 OF
Annexure A3 TRUE COPY OF THE AGREEMENT ENTERED INTO
BETWEEN THE ACCUSED PERSONS 1 TO 3 WITH
DE-FACTO COMPLAINANT DATED 16.12.2025
Annexure A4 TRUE COPY OF THE AGREEMENT DATED
08.12.2025 ENTERED BETWEEN DE-FACTO
COMPLAINANT WITH PRINSHA V. AND JILNA K.
Annexure A5 TRUE COPY OF THE ORDER DATED 16.12.2025
IN CMP. NO. 5847 OF 2025 IN CRIME NO.
812 OF 2025 OF MAYYIL POLICE STATION ON
THE FILES OF THE COURT OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, KANNUR
Annexure A6 TRUE COPY OF THE ORDER DATED 13.03.2026
IN BAIL APPLICATION NO. 1281 OF 2026 IN
CRIME NO.812/2025 OF MAYYIL POLICE
STATION, KANNUR
Annexure A7 TRUE COPY OF THE ORDER IN CMP NO. 20 OF
2026 IN CRIME NO. 812 OF 2025 OF MAYYIL
POLICE STATION ON THE FILES OF THE COURT
OF THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, KANNUR
Annexure A8 TRUE COPY OF THE ORDER IN CMP NO.
24/2026 DATED 04.04.2026.
