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Kerala High Court
Abdul Nazar A.M vs State Of Kerala on 12 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.648 & 708 of 2026
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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. 648 OF 2026
CRIME NO.1343/2025 OF Bekal Police Station, Kasargod
AGAINST THE JUDGMENT DATED 27.01.2026 IN BA NO.39 OF
2025 OF DISTRICT COURT & SESSIONS COURT KASARAGOD
PETITIONER/ACCUSED:
MOHAMMED AKMAL A.M, AGED 18 YEARS
S/O ABDUL RAHIMAN, R/AT CHERUMBA HOUSE,
PERIYATTADUKKAM, PANAYAL P.O., KASARAGOD
DISTRICT, PIN - 671318
BY ADVS. SHRI.SUKARNAN
SHRI.SAURAV SHAJI
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULUM, PIN - 682031
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.02.2026 ALONG WITH BA NO.708/26, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A.No.648 & 708 of 2026
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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. 708 OF 2026
CRIME NO.1343/2025 OF Bekal Police Station, Kasargod
AGAINST THE ORDER DATED 27.01.2026 IN BA NO.39 OF
2026 OF DISTRICT COURT & SESSIONS COURT, KASARAGOD
PETITIONER/ACCUSED NOS.2, 1, 6 AND 5:
1 ABDUL NAZAR A.M, AGED 27 YEARS, S/O BEEFATHIMA,
PALLARAM, PANAYAL,KASARAGOD, PIN - 671318
2 ANVAR SADIQUE, AGED 22 YEARS
S/O ABOOBACKER CHERUMBA MOIDEEN KUNHI, CHERUMBA,
BEKAL, PANAYAL, KASARAGOD- 671318
3 MUHAMMED HASSAN M.K, AGED 22 YEARS
S/O ABDUL KAREEM M.H, HASNA MANZIL,
CHERUMBA,PANAYAL P.O, KASARAGOD, PIN - 671318
4 MOHAMMED FIROZ N.A, AGED 22 YEARS
S/O NAIMUDDEEN, C.A YASEEN MANZIL, KUNIYA,PERIYA,
KASARAGOD, PIN - 671316
BY ADVS. SRI.RAHUL SASI
SMT.NEETHU PREM, SMT.P.ARDRA MENON
SHRI.ANANDHU S.
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM,KERALA, PIN - 682031
B.A.No.648 & 708 of 2026
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2 THE STATION HOUSE OFFICER,
BEKAL POLICE STATION, KASARAGOD, PIN - 671318
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.02.2026 ALONG WITH BA NO.648/2026, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A.No.648 & 708 of 2026
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ORDER
These applications are filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking pre-arrest bail.
2. The applicant in B.A.No.648/2026 is the
accused No.3 and the applicants in B.A.No.708/2026 are accused
Nos. 2, 1, 6 and 5 respectively in Crime No.1343/2025 of Bekal
Police Station, Kasargod District. The offences alleged are
punishable under Sections 189(2), 191(2), 191(3), 126(2),
115(2), 118(1), 110 and 351(2) read with Section 190 of the
Bharatiya Nyaya Sanhita, 2023 (for short, the BNS). During
investigation, the offence under Section 118(2) of the BNS also
is added.
3. The prosecution case, in short, is that on
23.12.2025 at about 10.30 pm at Periyattadukkam in Panayal
Village, the applicants, on account of their political rivalry and in
prosecution of their common object, formed themselves into an
unlawful assembly and attacked the defacto complainant with
dangerous weapons such as punch and a wooden log, inflicted
injury on the left side of his eye and on his mouth and thereby
committed the offences.
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4. I have heard Sri. Sukarnan and Sri. Rahul Sasi,
the learned counsel for the applicants and Sri. K.A. Noushad, 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, 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 FIS. Specific overt act has
been alleged against accused Nos. 1 and 2 who are applicant
Nos. 2 and 1 in B.A.No.708/2026. They have used the weapon.
In the incident, the defacto complainant has sustained fracture.
Hence, I am of the view that they cannot be granted anticipatory
bail. However, so far as accused No.3 (applicant in
B.A.No.648/2026), accused Nos.5 and 6 (applicant Nos. 4 and 3
in B.A.No.708/26) are concerned, no serious overt act has been
alleged against them. Hence, I am of the view that their
custodial interrogation is not necessary. They can be granted
B.A.No.648 & 708 of 2026
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anticipatory bail. For these reasons, pre-arrest bail can be
granted to the applicant in B.A.No.648/2026 (accused No.3) and
applicant Nos. 3 and 4 in B.A.No.708/26 (accused Nos. 6 and 5).
In the result, B.A.No.648/2026 is allowed and
B.A.No.708/2026 is allowed in part on the following conditions:-
(i) The accused Nos. 3, 5 and 6 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 officer, as the case may be.
(ii) The accused Nos. 3, 5 and 6 shall fully
cooperate with the investigation, including subjecting themselves
to the deemed police custody for discovery, if any, as and when
demanded.
(iii) The accused Nos. 3, 5 and 6 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 accused Nos. 3, 5 and 6 shall not commit
any offence of a like nature while on bail.
(v) The accused Nos. 3, 5 and 6 shall not attempt
to contact any of the prosecution witnesses, directly or through
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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 accused Nos. 3, 5 and 6 shall not leave the
State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification
of 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
kp
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APPENDIX OF BAIL APPL. NO. 648 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR NO.1343/2025 OF
BEKAL POLICE STATION, KASARGOD DISTRICT
DATED 24/12/2025
Annexure A2 TRUE COPY OF THE STUDENT ID CARD OF THE
PETITIONER ISSUED BY THE EDUCATIONAL
INSTITUTION, AMRITHA COLLEGE
Annexure A3 TRUE COPY OF THE FAIR COPY OF THE ORDER
OF THE LEARNED SESSIONS COURT, KASARAGOD
IN B.A.39/2026 DATED 27/01/2026
B.A.No.648 & 708 of 2026
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APPENDIX OF BAIL APPL. NO. 708 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.
1343 OF 2025 OF BEKAL POLICE STATION
DATED 24.12.2025
Annexure A2 THE TRUE COPY OF THE ORDER DATED
27.01.2026 IN B.A NO. 39 OF 2026 ON THE
FILES OF THE COURT OF SESSIONS,
KASARAGOD
