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Kerala High Court
Muhammed Shafi vs State Of Kerala on 9 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:11364
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 9TH DAY OF FEBRUARY 2026/20TH MAGHA, 1947
BAIL APPL. NO. 636 OF 2026
CRIME NO.34/2026 OF MELATTUR POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED:
MUHAMMED SHAFI,
AGED 40 YEARS, S/O.ABDUL SALAM,
CHOLASERI HOUSE, VATTAMANNAPURAM, EDATHANATTUKARA,
PALAKKAD, PIN - 679326
BY ADV SRI.NIREESH MATHEW
RESPONDENT/COMPLAINANT-STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI,
PIN - 682031
BY ADV.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 636 OF 2026
2
2026:KER:11364
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 in Crime
No.34/2026 of Melattur Police Station, Malappuram
District. The offences alleged are punishable under
Sections 62(2)(m) and 351(3) of the Bharatiya Nyaya
Sanhita, 2023 and Section 66E of the Information
Technology Act, 2000.
3. The prosecution case, in short, is that the
applicant by making believe the de facto complainant that
he is separated from his wife and also on the false promise
of marriage, during the period between September, 2025
and 01.01.2026, committed rape on her in the apartment
where the victim is residing. It is further alleged that the
applicant threatened her with dire consequences, if the
same is revealed to the public. It is also alleged that an
amount of Rs.2,55,000/- was received by the applicant
from the victim. It is further alleged that the applicant had
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sent nude photos of the victim to her relatives.
4. I have heard Sri. Nireesh Mathew, 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 was remanded to judicial
custody on 21.01.2026. The investigation is almost over.
The applicant is a married person. The victim knew that he
was a married person. The victim was also married. But,
according to her, she was separated from her husband 7
months before. However, she fell in love with the applicant
even before her divorce. Since the applicant is a married
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person, the victim cannot legally marry him without he
divorcing his wife. Even after the alleged incident of
forceful sex that had taken place in the month of
September, 2025, admittedly, the victim stayed with the
applicant at his house for a month and had sex several
times thereafter. The applicant has no criminal
antecedents. 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: -
(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 fully co-operate with
the investigation.
(iii) The applicant shall appear before the
investigating officer between 10.00 a.m and 11.00 a.m.
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every Saturday until further orders. He shall also appear
before the investigating officer as and when required.
(iv) The applicant shall not commit any
offence of a like nature while on bail.
(v) 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.
(vi) The applicant 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
ARK
BAIL APPL. NO. 636 OF 2026
2026:KER:11364
APPENDIX OF BAIL APPL. NO. 636 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 TRUE PHOTOCOPY OF THE F.I STATEMENT ALONG
WITH THE FIR IN CRIME NO. 34/2026 OF
MELATTOOR POLICE STATION, MALAPPURAM DISTRICT
DATED 20.01.2026
ANNEXURE 2 TRUE PHOTOCOPY OF THE ORDER DATED 22.01.2026
IN CMP.NO.1/2026 PASSED BY THE JUDL. FIRST
CLASS MAGISTRATE COURT-III, PERINTHALMANNA
