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Kerala High Court
Abdul Majeed.K vs State Of Kerala on 10 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.Nos.603 and 611 of 2026
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2026:KER:12084
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
BAIL APPL. NO. 603 OF 2026
CRIME NO.1385/2025 OF KONDOTTY POLICE STATION, MALAPPURAM
AGAINST THE ORDER DATED 23.01.2026 IN CRL.MC NO.1454 OF 2025
OF SESSIONS COURT, MANJERI
PETITIONERS/PETITIONERS:
1 ABDUL MAJEED.K
AGED 35 YEARS, S/O. BEERAN KUTTY,
AKKAPARAMBU HOUSE,
MORAYUR P.O., MORAYUR,
MALAPPURAM DISTRICT, PIN - 673642
2 SADIQUE BANGALATH
AGED 32 YEARS, S/O. MOHAMMED BANGALATH,
MELEKANDI HOUSE,
MORAYUR P.O., MORAYUR,
MALAPPURAM DISTRICT., PIN - 673642
3 SHOUKATHALI.K.C
AGED 47 YEARS, S/O. ABOOBACKER.K.C.,
KOOMULAMKAD HOUSE,
OZHUKUR P.O., MORAYUR,
MALAPPURAM DISTRICT., PIN - 673642
4 ABDUL NASAR
AGED 38 YEARS, S/O. ALIHAJI,
VALAYAMKUTH HOUSE,
OZHUKUR P.O., MORAYUR,
MALAPPURAM DISTRICT., PIN - 673642
BY ADVS.
SRI.K.M.FIROZ
SHRI.JAMEEL AHAMMED M.S.
B.A.Nos.603 and 611 of 2026
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RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
KONDOTTY POLICE STATION,
MALAPPURAM DISTRICT, PIN - 673637
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.02.2026, ALONG WITH Bail Appl..611/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.603 and 611 of 2026
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2026:KER:12084
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
BAIL APPL. NO. 611 OF 2026
CRIME NO.1385/2025 OF KONDOTTY POLICE STATION, MALAPPURAM
AGAINST THE ORDER DATED 23.01.2026 IN CRL.MC NO.1493 OF 2025
OF SESSIONS COURT, MANJERI
PETITIONERS/PETITIONERS:
1 ALAVIKUTTY
AGED 54 YEARS, S/O. ENI KUTTY,
AATTASSERI HOUSE,
MORAYUR P.O.,MORAYUR,
MALAPPURAM DISTRICT, PIN - 673642
2 ABDUL RAUF
AGED 62 YEARS, S/O. MOIDEEN,
KAKKADAMAL HOUSE,
OZHUKUR P.O., MORAYUR,
MALAPPURAM DISTRICT., PIN - 673642
BY ADVS.
SRI.K.M.FIROZ
SHRI.JAMEEL AHAMMED M.S.
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
KONDOTTY POLICE STATION,
MALAPPURAM DISTRICT, PIN - 673637
B.A.Nos.603 and 611 of 2026
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SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.02.2026, ALONG WITH Bail Appl..603/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.603 and 611 of 2026
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ORDER
These two bail applications are connected and hence they
are disposed of by a common order. They are filed under
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(for short, BNSS), seeking pre-arrest bail.
2. Both the bail applications pertain to Crime No.1385
of 2025 of Kondotty Police Station, Malappuram District.
Accused Nos. 1, 4, 6 and 8 are the applicants in B.A.No. 603 of
2026 and accused Nos. 2 and 3 are the applicants in
B.A.No.611 of 2026. The offences alleged are punishable under
Sections 126(2), 115(2), 118(1), 296(b) and 324(4) read with
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections
3 and 5 of the Kerala Prevention of Damage to Private Property
and Payment of Compensation Act, 2019.
3. The prosecution case, in short, is that on 03.12.2025
at about 09.00 p.m., while the defacto complainant and his
friends were travelling in a car bearing Registration No. KL-17-
J-9084, and when they reached near the Kudumbakkal Juma
B.A.Nos.603 and 611 of 2026
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Masjid on the Edaparamba-Kavungappara road, where the
elected party in the LSG election was celebrating its victory, the
accused persons in furtherance of their common intention to
commit the offence, wrongfully restrained the car and smashed
it, destroyed the car's back dicky back wiper, left side back
post, front bonnet doors, right side mirror and headlight switch,
and thereby caused a loss of Rs.50,000/-. It is further alleged
that the accused persons dragged the defacto complainant out
of the car and pushed him down and beat him with their hands
and sticks, causing hurt, and they also attacked the friends of
the defacto complainant by beating on their faces and ears with
their hands and hit on their foreheads with sticks, tied to the
flags, strangulated their necks with a flag and stabbed them
from behind and used filthy words against them. Thus, the
accused are alleged to have committed the aforementioned
offences.
4. I have heard Sri.K.M.Firoz, the learned counsel for
the applicants and Sri.M.C.Ashi, the learned Senior Public
B.A.Nos.603 and 611 of 2026
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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. The learned
Public Prosecutor, on the other hand, submitted that the alleged
incident occurred as part of the applicants' intentional criminal
acts, and if they are released on bail at this stage, it will affect
the course of the investigation.
6. The law regarding the grant or refusal of pre-arrest
bail is well settled. Pre-arrest bail cannot be granted as a
matter of course. The power under Section 482 of BNSS could
be exercised only when a special case is made out, that too,
recording reasons thereof. Perusal of the case diary reveals
that the accusation made against the applicants is very serious
in nature, and it prima facie shows a premeditated criminal act
on their part.
B.A.Nos.603 and 611 of 2026
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7. The investigation is in a preliminary stage. The
custodial interrogation of the applicants is necessary for the
investigation. As rightly argued by the learned Senior Public
Prosecutor, the possibility of the applicants influencing the
witnesses and interfering with the investigation cannot be ruled
out if they are released on bail. Considering the gravity of the
offence and stage of the investigation, I am of the view that
these are not fit cases where the extraordinary jurisdiction
vested with this Court under Section 482 of BNSS could be
invoked. The bail applications are, accordingly, dismissed.
As per Annexure A2 order while dismissing the
anticipatory bail applications, the applicants were given time to
surrender before the investigating officer on or before
28.01.2026. The said time is extended for a period of one week
from today with the same conditions.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
APA
B.A.Nos.603 and 611 of 2026
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APPENDIX OF BAIL APPL. NO. 603 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO. 1398 OF 2025
DATED 20.12.2025
ANNEXURE A2 TRUE COPY OF THE COMMON ORDER DATED 23.01.2026
IN CRL MC NO 1454 OF 2025 PASSED BY THE
SESSIONS COURT, MANJERI
ANNEXURE A3 TRUE COPY OF FIR IN CRIME NO. 972 OF 2025 OF
KONDOTTY POLICE STATION DATED 21.08.2025
B.A.Nos.603 and 611 of 2026
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APPENDIX OF BAIL APPL. NO. 611 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF FIR IN CRIME NO. 1398 OF
2025 DATED 20.12.2025
ANNEXURE A2 TRUE COPY OF THE ORDER DATED 23.01.2026
IN CRL MC NO 1493 OF 2025 PASSED BY THE
SESSIONS COURT, MANJERI
