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Kerala High Court
Shameer vs State Of Kerala on 12 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 13983 of 2025
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2026:KER:12946
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. 13983 OF 2025
CRIME NO.924/2025 OF MANGALAPURAM POLICE STATION,
THIRUVANANTHAPURAM
PETITIONERS/ACCUSED NOS.3, 4, 5 & 6:
1 SHAMEER
AGED 37 YEARS, S/O SHAMSUDHEEN,
MANAKKATTUVILAKOM,
VADAKKUMBHAGOM, KAZHAKUTTOM,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695521
2 MUHAMMED SHAN
AGED 31 YEARS, S/O KABEER,
MANAKKATTUVILAKKAKATHU VEEDU,
KARIYIL, KAZHAKUTTOM,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695582
3 SAYID
AGED 35 YEARS, S/O SHAMSUDHEEN,
MANAKKATTUVILAKOM, VADAKKUMBHAGOM,
KAZHAKUTTOM,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695103
4 AJMAL SABITH
AGED 31 YEARS, S/O ABDUL RAZAK,
VARUVILAKATHU VEEDU,
VADAKKUMBHAGOM, KAZHAKUTTOM,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695103
BY ADVS.
SRI.NAVANEETH.N.NATH
B.A.No. 13983 of 2025
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SMT.ABHIRAMI S.
SHRI.ABDUL LATHEEF P.M.
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KERALA., PIN - 682031
SRI.M.C. ASHI, 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. 13983 of 2025
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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.3, 4, 5 and 6 in
Crime No.924/2025 of Mangalapuram Police Station,
Thiruvananthapuram District. The offences alleged are
punishable under Sections 333, 296(b), 74, 118(1) and 110
r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 01.08.2025
at around 11.30 p.m., accused Nos.1 to 6 trespassed into the
residence of the defacto complainant, situated in Andoorkonam
Village, and assaulted the defacto complainant and his in-laws.
It is alleged that the accused No.1 uttered abusive words
against the defacto complainant and by using a chopper,
hacked him towards his head and right hand, inflicting injuries.
Thereafter, the accused No.2 beat the defacto complainant all
over his person, using an iron rod. When the wife, father-in-
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law and mother-in-law of the defacto complainant intervened,
the accused abused them, pushed them down, kicked them
and thereby committed the offences.
4. I have heard Sri.Navaneeth N. Nath, 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, 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. The applicants have
not been named in the FIR or in the FI Statement. No specific
overt act has been alleged against them. The main allegations
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are against accused Nos. 1 and 2. They have used the weapon
also. 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
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
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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
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 applicants 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
APA
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APPENDIX OF BAIL APPL. NO. 13983 OF 2025
PETITIONER ANNEXURES
ANNEXURE-A A TRUE COPY OF THE FIR DATED 02/08/2025 IN
CRIME NO. 924/2025 OF MANGALAPURAM POLICE
STATION, THIRUVANATHAPURAM DISTRICT
ANNEXURE-B A TRUE COPY OF THE ORDER DATED 10/11/2025 IN
CRIMINAL M.C. NO.3263/2025 PASSED BY HON'BLE
SESSIONS COURT, THIRUVANANTHAPURAM
