[Cites 2, Cited by 0]
Kerala High Court
M D Aslam vs State Of Kerala on 6 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:10930
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
BAIL APPL. NO. 271 OF 2026
CRIME NO.1539/2025 OF KALAMASSERY POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED 4 & 5:
1 NAZRUL
AGED 59 YEARS, S/O MUNIYAPPA, NO-185,
BUDH NAGAR, SADULLABAD, LONI DEHAT, GHAZIABAD,
UTTAR PRADESH, PIN - 201102
2 RAHIM
AGED 32 YEARS, S/O NAZRUL, NO-185,
BUDH NAGAR, SADULLABAD, LONI DEHAT, GHAZIABAD,
UTTAR PRADESH, PIN - 201102
SRI.SAURAV B.
SMT.SAFNA P.S.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
KALAMASSERY POLICE STATION, SOUTH KALAMASSERY,
KALAMASSERY, KOCHI, KERALA, PIN - 682033
3 ADDL.R3: UNION OF INDIA
REPRESENTED BY THE FOREIGNERS REGIONAL
REGISTRATION OFFICER, KOCHI - SUO-MOTU IMPLEADED
AS ADDL.R3 VIDE ORDER DATED 29.01.2026
ADV.O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SRI.M.C.ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2026, ALONG WITH Bail Appl.283/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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BAIL APPL. NOS.271 & 283 OF 2026
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 6TH DAY OF FEBRUARY 2026 / 17TH MAGHA, 1947
BAIL APPL. NO. 283 OF 2026
CRIME NO.1539/2025 OF KALAMASSERY POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.6:
M D ASLAM
AGED 33 YEARS
S/O. M.D.KHALEEL, NO D-2/35, GAMRI EXTENTION,
GARHI MANDU, NORTH EAST DELHI, DELHI, PIN - 110053
SRI.SAURAV B.
SMT.SAFNA P.S.
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
KALAMASSERY POLICE STATION, SOUTH KALAMASSERY,
KALAMASSERY, KOCHI, KERALA, PIN - 682033
3 ADDL.R3: UNION OF INDIA
REPRESENTED BY THE FOREIGNERS REGIONAL
REGISTRATION OFFICER, KOCHI - SUO-MOTU IMPLEADED
AS ADDL.R3 VIDE ORDER DATED 28.01.2026
ADV.O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SRI.M.C.ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.02.2026, ALONG WITH Bail Appl.271/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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BAIL APPL. NOS.271 & 283 OF 2026
3
ORDER
Bail Appl. Nos.271/2026 & 283/2026
These applications are filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS)
seeking regular bail.
2. The applicants in B.A. No.271/2026 are accused Nos.4
and 5 and the applicant in B.A. No.283/2026 is accused No.6 in
Crime No.1539/2025 of Kalamassery Police Station, Ernakulam
District. The offences alleged are punishable under Section 340(2)
of the Bharatiya Nyaya Sanhita, 2023; Sections 3 and 12(1A) of
the Passports Act, 1967 and Section 21 of the Immigration and
Foreigners Act, 2025.
3. The prosecution case, in short, is that the accused
persons, being nationals of Bangladesh, were found staying in
India from 2022 up to 23.12.2025 without any proper travelling
documents, entered the country through illegal immigration and
also obtained false Indian identity documents and thereby
committed the aforementioned offences.
4. I have heard Sri.Saurav B., the learned counsel for the
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BAIL APPL. NOS.271 & 283 OF 2026
applicants and Sri.M.C.Ashi, 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 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
Senior 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
23.12.2025. A perusal of the case diary would reveal that the
accusation against the applicants is very serious, and it prima
facie shows a premeditated criminal act on their part. The
applicants are nationals of Bangladesh. The report of the
investigating officer would show that the investigation conducted
so far prima facie reveals that the identity documents seized from
the applicants are fake ones. The applicants have no permanent
abode and they are in the habit of staying in various states of the
country. Considering the nature of the crime, the gravity of the
offence, the complicity of the applicants in it, and the facts and
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BAIL APPL. NOS.271 & 283 OF 2026
circumstances mentioned above, I am of the view that the
applicants cannot be released on bail at this stage.
The bail applications, accordingly, are dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
NP
2026:KER:10930
BAIL APPL. NOS.271 & 283 OF 2026
APPENDIX OF BAIL APPL. NO. 271 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR DATED 23.12.2025 IN
CRIME NO 1539/2025 OF KALAMASSERY POLICE
STATION
Annexure A1(a) TRUE COPY OF THE REMAND REPORT DATED
24.12.2025 IN CRIME NO 1539/2025 OF
KALAMASSERY POLICE STATION
Annexure A2 TRUE COPY OF THE AADHAR CARD OF THE 2ND
PETITIONER DATED 14.11.2013 ISSUED BY
UIDAI
Annexure A2(a) TRUE COPY OF THE VOTERS ID CARD OF THE
1ST PETITIONER DATED NIL ISSUED BY
ELECTION COMMISSION OF INDIA
Annexure A3 TRUE COPY OF THE RESULTS DATED
12.06.2009 ISSUED BY NATIONAL INSTITUTE
OF OPEN SCHOOLING TO THE 2ND PETITIONER
Annexure A3(a) TRUE COPY OF THE ADMISSION STATUS OF THE
2ND PETITIONER DATED 18.09.2008 ISSUED
BY NATIONAL INSTITUTE OF OPEN SCHOOLING
Annexure A4 TRUE COPY OF THE ORDER DATED 09.01.2026
2026:KER:10930
BAIL APPL. NOS.271 & 283 OF 2026
APPENDIX OF BAIL APPL. NO. 283 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR DATED 23.12.2025 IN
CRIME NO 1539/2025 OF KALAMASSERY POLICE
STATION
Annexure A1(a) TRUE COPY OF THE REMAND REPORT DATED
24.12.2025 IN CRIME NO 1539/2025 OF
KALAMASSERY POLICE STATION
Annexure A2 TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER DATED NIL ISSUED BY UIDAI
Annexure A2(a) TRUE COPY OF THE VOTER'S ID CARD OF THE
FATHER & MOTHER OF THE PETITIONER
Annexure A3 TRUE COPY OF THE ORDER DATED 09.01.2026
