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Kerala High Court
Muhammed Shafi E.S vs State Of Kerala on 18 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:14571
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
BAIL APPL. NO. 565 OF 2026
CRIME NO.824/2025 OF KODANAD POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED NOS.1, 5 TO 10:
1 MUHAMMED SHAFI E.S
AGED 35 YEARS
S/O.E.K.SULAIMAN,ETTIYATTIRA HOUSE,
EDAVOOR P.O, KOOVAPPADY, KUNNATHUNAD,
ERNAKULAM DISTRICT., PIN - 683544
2 ANSHAD M.A
AGED 34 YEARS
S/O.ASHARAF M.A, MANIYANTHRA, EDAVOOR P.O, KOOVAPPADY,
KUNNATHUNAD, ERNAKULAM DISTRICT., PIN - 683544
3 ALTHAF A.A
AGED 28 YEARS
S/O.ABBOOBACKER, APPELI, EDAVOOR P.O, KOOVAPPADY,
ERNAKULAM DISTRICT., PIN - 683544
4 SHAKEER E.S
AGED 42 YEARS
S/O.E.K.SHAMSUDEEN, ETTIYATTIRA, EDAVOOR P.O,
KOOVAPPADY, ERNAKULAM DISTRICT., PIN - 683544
5 ABUBEKKAR N.A
AGED 32 YEARS
S/O.N.A.ALIYAR, NANETH, EDAVOOR P.O, KOOVAPPADY,
ERNAKULAM DISTRICT., PIN - 683544
6 NOUFAL E.K
AGED 43 YEARS
S/O.KOCHUNNI, ETTIYATTIRA, EDAVOOR P.O, KOOVAPPADY,
ERNAKULAM DISTRICT., PIN - 683544
7 MUHAMMAD SALIL
AGED 41 YEARS
S/O.SALIM M.K, MUNDETH NADUPPILLITHOD, EDAVOOR P.O,
B.A. No.565 of 2026
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2026:KER:14571
KOOVAPPADY, ERNAKULAM DISTRICT., PIN - 683544
BY ADV SRI.NIREESH MATHEW
RESPONDENT/COMPLAINANT-STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI., PIN - 682031
SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.565 of 2026
-3-
2026:KER:14571
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.1 and 5 to 10 in
Crime No.824/2025 of Kodanad Police Station, Ernakulam
District. The offences alleged are punishable under Sections
189(2), 189(4), 190, 191(2), 140(4), 115(2), 118(1) and
117(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the accused
persons were under the belief that the defacto complainant and
his friend committed theft in the house of the accused No.1 and
on that belief abducted the defacto complainant and his friend
and thereafter, in furtherance of their common intention, on
15.10.2025 at about 3.00 a.m., the friend of the defacto
complainant was brought near the car driven by the accused
No.3 and he fisted on his face. Thereafter, accused Nos.1 to 3
assaulted him, got inside the car and abducted him forcefully.
On that day, at about 5.30 a.m., accused Nos.5 to 7 forcefully
2026:KER:14571
abducted the defacto complainant, fisted on his chest and other
parts of the body and brought him to the scrap godown of the
accused No.4. The accused No.3 beat on the hand of the
defacto complainant's friend using a wooden stick. The accused
No.4 pressed the finger of the defacto complainant using a wire
cutter and also fisted on his face. The accused Nos.1 and 2 beat
on the muscle portion of legs and hands of the defacto
complainant and his friend using iron rod. The accused No.2
inflicted a blow on the forehead of the defacto complainant
using a steel bangle. Thereafter, accused Nos.6 to 10 and other
identifiable persons fisted and kicked both the defacto
complainant and his friend. The defacto complainant sustained
fracture to his ribs and also swelling on his lungs. He also
sustained injuries all over his body. His friend sustained fracture
to his nasal bone and also sustained contusion on his lungs and
thereby committed the aforesaid offences.
4. I have heard Sri.Nireesh Mathew, 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
2026:KER:14571
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
Senior 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. Specific overt acts have been alleged against all
the applicants. The defacto complainant has sustained serious
injury including fracture in the incident.
7. The investigation is in a preliminary stage. The
custodial interrogation of the applicants is necessary for the
2026:KER:14571
investigation. As rightly argued by the learned 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
this is not a fit case where the extraordinary jurisdiction vested
with this Court under Section 482 of BNSS could be invoked.
The bail application is, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
SKP
2026:KER:14571
APPENDIX OF BAIL APPL. NO. 565 OF 2026
PETITIONERS' ANNEXURES:
Annexure 1 TRUE PHOTOCOPY OF THE FIR IN CRIME NO.
824/2025 OF KODANAD POLICE STATION,
ERNAKULAM DISTRICT DATED 17.10.2025
Annexure 2 TRUE PHOTOCOPY THE FIR IN CRIME NO.667/2025
OF KODANADU POLICE STATION DATED 17.08.2025
Annexure 3 TRUE PHOTOCOPY OF THE WHATS APP CHAT
RECEIVED BY THE 1ST PETITIONER FROM ASI,
ANIL
Annexure 4 TRUE PHOTOCOPY OF THE FIR IN CRIME
NO.827/2025 OF KODANADU POLICE STATION
DATED 18.10.2025
Annexure 5 TRUE PHOTOCOPY OF THE SAID ORDER DATED
15.01.2025 IN B.A.NO.10/2026 PASSED BY THE
COURT OF SESSIONS, ERNAKULAM.
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
