Faizal K S vs State Of Kerala
2026 Latest Caselaw 1463 Ker

Citation : 2026 Latest Caselaw 1463 Ker
Judgement Date : 11 February, 2026

[Cites 0, Cited by 0]

Kerala High Court

Faizal K S vs State Of Kerala on 11 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

B.A.No. 721 of 2026
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           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA, 1947

                      BAIL APPL. NO. 721 OF 2026

 CRIME NO.49/2026 OF NORTH PARAVUR POLICE STATION, ERNAKULAM

PETITIONERS/2ND AND 3RD ACCUSED:

    1      FAIZAL K S,
           AGED 51 YEARS, KANJIRAPARAMBIL,
           VEDIMARA,MANNAM P.O,
           PARAVUR, ERNAKULAM, PIN - 683520
    2      NIZAMUDHEEN K F,
           AGED 29 YEARS
           KANJIRAPARAMBIL,VEDIMARA,
           MANNAM P.O, PARAVUR,
           ERNAKULAM, PIN - 683520
           BY ADVS.
           SHRI.ANOOP V.NAIR
           SHRI.ATHUL P.
           SMT.SHARANNYA P.
           SHRI.SHERRY GEORGE CHERIAN
           SMT.C.A.BEEMA BEEVI
           SMT.FERRA A THANKAM
RESPONDENTS/STATE/COMPLAINANT:

    1      STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           ERNAKULAM, PIN - 682031

    2      THE STATION HOUSE OFFICER,
           NORTH PARUR POLICE STATION,
           MATTUPURAM, NORTH PARUR,
           ERNAKULAM, PIN - 683513
 B.A.No. 721 of 2026
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           SRI.M.C. ASHI, SR. PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No. 721 of 2026
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                                                  2026:KER:12711



                           ORDER

This application is filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),

seeking pre-arrest bail.

2. The applicants are the accused Nos.2 and 3 in

Crime No.49/2026 of North Paravur Police Station, Ernakulam

District. The offences alleged are punishable under Sections

329(3), 126(2), 115(2) and 117(2) read with 3(5) of the

Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is as follows:- One

Mr. Mahibur Rahman, hailing from the State of Assam is the

helper of the defacto complainant. Mr. Mahibur Rahman along

with others are residing at the residence of one Mr. Shahul

Hameed on rental basis. These persons engaged in telephonic

conversations loudly. Due to this enmity, applicants and

accused No.1, in furtherance of their common intention to

inflict bodily injury to Mr. Mahibur Rahman, on 12.01.2026 at

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about 9 p.m., criminally trespassed to the courtyard of their

rental residence. Mr. Mahibur Rahman was dragged out from

the house forcefully. Applicants and accused No.1 wrongfully

restrained him and beat on his cheeks intermittently using

hands. He was pushed down to the bathroom. Again, they

kicked him. Accused No.1 intermittently slapped on his both

cheeks using sandal and that caused a hole on his eardrum

leading to the deprivation of hearing. Moreover, he sustained

dislocation to his spine and thereby committed the offences.

4. I have heard Sri.Anoop V. Nair, the learned counsel

for the 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 above crime. The counsel further submitted

that no materials are on record to connect the applicants with

the alleged crime; hence, they are entitled to get bail. The

learned Senior Public Prosecutor, on the other hand,

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submitted that the alleged incident occurred as a part of the

intentional criminal acts of the applicants, and if they are

released on bail at this stage, it will affect the course of the

investigation.

6. I went through the FI Statement. No serious overt

acts have been alleged against the applicants. They have not

used any weapon also. The main allegation is against accused

No.1. The applicants have no criminal antecedents.

Considering the allegations made against the applicants, their

custodial interrogation seems unnecessary. For these

reasons, I find this to be an appropriate case to grant pre-

arrest bail to the applicants.

In the result, the application is allowed on the following

conditions:-

(i) The applicants shall be released on bail in the event

of their arrest 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 arresting officer/investigating

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officer, as the case may be.

(ii) The applicants shall fully cooperate with the

investigation, including subjecting themselves to the deemed

police custody for discovery, if any, as and when demanded.

(iii) The applicants shall appear before the investigating

officer between 10.00 a.m. and 11.00 a.m. every 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