[Cites 9, Cited by 0]
Kerala High Court
Abdul Azeez vs State Of Kerala on 4 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:9519
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 4TH DAY OF FEBRUARY 2026 / 15TH MAGHA, 1947
BAIL APPL. NO. 137 OF 2026
CRIME NO.331/2022 OF MANNARKKAD POLICE STATION, PALAKKAD
PETITIONER/ACCUSED:
1 ABDUL AZEEZ,
AGED 51 YEARS
S/O ABUDHEENMALIKAYIL VEEDU, VELLARAM KUNNU,
THENKARA PO, MANNARKAD,
PALAKKAD DISTRICT, PIN - 678582
BY ADVS.
SHRI.SUNEESH KUMAR R.
SRI.B.BIPIN
SMT.RIJISHA S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.137 of 2026
-2-
2026:KER:9519
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 accused No.1 in Crime
No.331/2022 of Mannarkkad Police Station, Palakkad District.
The offences alleged are punishable under Sections 376(2)(n),
376(3) and 506(i) read with Section 34 of the Indian Penal
Code, 1860, Section 3(a) read with Section 4(2), Section 5(l)
read with Section 6(1), Section 11(i) & (iii) read with Section 12
and Section 17 read with Section 16 of the Protection of
Children from Sexual Offences Act, 2012.
3. The prosecution case, in short, is that the applicant
had, during the period between 22.02.2022 and 28.03.2022
committed penetrative sexual assault on a minor victim aged 14
years and thereby committed the offences alleged
4. I have heard Sri.Suneesh Kumar R., the learned
counsel for the applicant and Sri.K.A.Noushad, the learned
Senior Public Prosecutor. The notice has been served to the
2026:KER:9519
victim through the concerned Station House Officer. However,
there is no appearance. 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 was arrested on 13.04.2025. Since
then he is in judicial custody. The final report has already been
filed. It is submitted that the victim has already been examined
at trial. Accused No.2 who is on the same footing has already
been enlarged on bail by this Court as per Annexure-A7 order.
For these reasons, I do not find any reason to hold that the
continued detention of the applicant is required for any
purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following
conditions: -
2026:KER:9519
(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) The applicant shall not commit any offence of a like
nature while on bail.
(iii) 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 witnesses or other persons related to the investigation.
(iv) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
(v) 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
SKP
2026:KER:9519
APPENDIX OF BAIL APPL. NO. 137 OF 2026
PETITIONER'S ANNEXURES:
Annexure A1 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO. 331/2022 DATED 21.05.2022
Annexure A2 TRUE COPY OF THE ORDER DATED 28.04.2025 IN
CRL.M.P.NO.74/2025 OF THE FAST TRACK
SPECIAL COURT, PATTAMBI, PALAKKAD
Annexure A3 TRUE COPY OF THE ORDER DATED 14.05.2025 IN
CRL.M.P.NO.79/2025 OF THE FAST TRACK
SPECIAL COURT, PATTAMBI, PALAKKAD
Annexure A4 TRUE COPY OF THE ORDER DATED 13.06.2025 IN
CRL.M.P.NO.132/2025 OF THE FAST TRACK
SPECIAL COURT, PATTAMBI, PALAKKAD
Annexure A5 TRUE COPY OF THE ORDER DATED 29.11.2025 IN
CRL.M.P.NO.658/2025 OF THE FAST TRACK
SPECIAL COURT, PATTAMBI, PALAKKAD
Annexure A6 TRUE COPY OF THE ORDER DATED 30.6.2025 IN
BAIL APPLICATION NO.7962/2025 OF THIS
HON`BLE HIGH COURT
Annexure A7 TRUE COPY OF THE ORDER DATED 26.07.2022 IN
BAIL APPLICATION NO.5109/2022 OF THIS
HON'BLE HIGH COURT
Annexure A8 TRUE COPY OF THE ORDER DATED 05.07.2025 IN
CRL.M.P.NO.181/2025 THE HON'BLE FAST TRACK
SPECIAL COURT, PATTAMBI
Annexure A9 CERTIFIED COPY OF THE DISPOSITION OF
VICTIM/PW1/CW1
Annexure A10 THE TRUE COPY OF THE MEDICAL RECORDS
ATTESTED BY THE SUPERINTENDENT, DISTRICT
JAIL, PALAKKAD ON 06.01.2026
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
