Faisal.V vs State Of Kerala
2026 Latest Caselaw 1506 Ker

Citation : 2026 Latest Caselaw 1506 Ker
Judgement Date : 12 February, 2026

[Cites 0, Cited by 0]

Kerala High Court

Faisal.V vs State Of Kerala on 12 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

B.A.No.627/2026
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                                                         2026:KER:12855

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947

                        BAIL APPL. NO. 627 OF 2026

    CRIME NO.1006/2025 OF Meppadi Police Station, Wayanad

        AGAINST THE ORDER DATED 24.01.2026 IN BA NO.31 OF 2026

OF SESIONS COURT, KALPETTA

PETITIONER/ACCUSED:

            FAISAL.V, AGED 31 YEARS
            S/O.MUSTHAFA.V, VALLUVAKADAN HOUSE, RIPPON POST,
            MUPPAINADU VILLAGE, VYTHIRI TALUK, WAYANAD
            DISTRICT, PIN - 673577


            BY ADV SRI.RASHEED C.NOORANAD


RESPONDENT/STATE:

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

    2       THE STATION HOUSE OFFICER,
            MEPPADI POLICE STATION,KALPETTA, WAYANAD DISTRICT,
            PIN - 673121


             SRI.K.A. NOUSHAD, SR. PP


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.02.2026,       THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A.No.627/2026
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                                                            2026:KER:12855




                                 ORDER

This application is filed under Section 482 of the

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

seeking pre-arrest bail.

2. The applicant is the accused in Crime No.

1006/2025 of Meppadi Police Station, Wayanad District. The

offence alleged is punishable under Section 108 read with Section

3(5) of the Bharatiya Nyaya Sanhita, 2023.

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

Ramankutty, aged 65 years was reported missing from his

courtyard at Vaduvanchal Valavu in Moopainadu amsom at 1.45

am on 22.11.2025 and later found dead in a nearby well at 6.30

am with a rope around his neck and a stone tied to it. It was

alleged that on 21.11.2025 evening, Ramankutty sexually

harassed the sister of the applicant. Later that night, the victim's

relatives and local people gathered outside Ramankutty's house to

prevent his escape and the applicant also joined them.

Ramankutty sent his neighbour Rasheed to mediate, but the

applicant along with some others who gathered there told

Rasheed that they intended to humiliate Ramankutty in public as

2026:KER:12855

much as possible and will kill him. Fearing the arrest and public

humiliation before his family, Ramankutty committed suicide.

4. I have heard Sri. Rasheed C. Nooranad, 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 above crime. The counsel further submitted that no materials

are on record to connect the applicant with the alleged crime;

hence, he is entitled to bail. The learned Public Prosecutor, on the

other hand, submitted that the alleged incident occurred as part of

the applicant's intentional criminal acts, and if he is released on

bail at this stage, it will affect the course of the investigation.

6. The deceased is a retired police officer. The

applicant is a serving police officer. The incident took place on

22.11.2025. On the previous day, i.e., on 21.11.2025, the

deceased allegedly, sexually harassed the sister of the applicant

while she was travelling in a bus which led to the registration of

crime against him as Crime No. 1004/2025 of Meppadi Police

Station, Wayanad. According to the prosecution, later that night,

the victims relatives along with the local residents assembled

outside the house of the deceased to prevent him from fleeing and

2026:KER:12855

the applicant also joined them. In response, the deceased

requested his neighbor namely Rasheed to intervene and resolve

the issue. However, Rasheed was informed by the applicant

together with the remaining accused that they intend to disgrace

Ramankutty publicly and eventually kill him. The prosecution

alleges that faced with the prospect of arrest in front of his family,

the deceased took his own life by committing suicide.

7. I went through the statement of witnesses. It

would show that there are some serious allegations against the

applicant. It appears that he along with the other members of the

locality gathered in front of the house of the deceased and

declared that they would not move from there unless the police

arrests him. However, it is doubtful whether the so-called act of

the applicant would attract the offence of abatement or suicide.

Whether there was any act on the part of the applicant to

intentionally aid or instigate the deceased to commit suicide is a

matter which is ultimately to be decided during trial. The

applicant is a police officer and hence he will be very much

available for investigation or interrogation, if any. He has no

criminal antecedents. The remaining accused were already

granted anticipatory bail. For these reasons, I find this to be an

appropriate case to grant pre-arrest bail to the applicant.

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In the result, the application is allowed on the following

conditions:-

(i) The applicant shall be released on bail in the

event of his arrest 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 arresting officer/investigating officer, as the

case may be.

(ii) The applicant shall fully cooperate with the

investigation, including subjecting himself to the deemed police

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

(iii) The applicant shall appear before the

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