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Kerala High Court
K.M. Nizar vs State Of Kerala on 19 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:15137
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
BAIL APPL. NO. 14214 OF 2025
CRIME NO.1559/2025 OF GANDHINAGAR POLICE STATION, KOTTAYAM
PETITIONER/ACCUSED NO.7:
K.M. NIZAR
AGED 44 YEARS
KANDAKATH HOUSE, SAMKRANTHI, PERUMBAIKADU P.O.,
ETTUMANOOR, KOTTAYAM DISTRICT, PIN - 686016
SRI.SALIM V.S.
SMT.A.M.FOUSI
SRI.HUSSAM K.S.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:15137
BAIL APPL. NO. 14214 OF 2025
2
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 No.7 in Crime
No.1559/2025 of Gandhinagar Police Station, Kottayam District.
The offences alleged are punishable under Sections 61(2), 140(3),
127(2), 118(1), 115(2), 351(3) and 309(4) read with Section 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the defacto
complainant, Sri.Bineesh B. Nair, was a former employee of the
applicant. The applicant suspected that the defacto complainant
was storing his business secrets in his mobile phone. For the
purpose of obtaining the mobile phone and retaliating against his
former employee, the applicant, through accused No.6, gave a
quotation to hired goons to abduct and assault the defacto
complainant and rob his mobile phone. Accused No.6 arranged the
quotation job with the other accused persons. Accordingly, the
accused persons acted in concert and accused No.5, who was a
former employee of the applicant, provided the details of the
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BAIL APPL. NO. 14214 OF 2025
routes routinely taken by the defacto complainant for his travel.
Thereafter, on 15.10.2025, at about 6.45 p.m., accused Nos.1 and
2 abducted the defacto complainant in an auto rickshaw from near
the Ceakay Interiors building by the side of the M.C. Road, close to
the Vattamoodu autorickshaw stand and took him to Erayilkadavu.
From there, along with the accused Nos.3 and 4, the accused
persons forcibly took the defacto complainant inside a car bearing
registration No.KL-36-D-6648 and travelled through Kottayam
Municipality. They took him to a place by the side of the Gandhi
Nagar-Kottayam Medical College Road and inflicted blows on him
with an iron rod and with their bare hands all over his body,
causing bodily hurt. Then they took him near the Negampadam
Bridge, criminally intimidated him and committed robbery of
Rs.5,000/- (Rupees Five Thousand Only) in cash and a VIVO mobile
phone worth Rs.20,000/- (Rupees Twenty Thousand Only) from the
defacto complainant and left him there. Thereafter, the accused
persons informed accused No.5 about the execution of the offence
and subsequently received Rs.1,00,000/- (Rupees One Lakh Only)
from the applicant as quotation money for committing the
offence; thereby, the applicant is alleged to have committed the
aforesaid offences.
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BAIL APPL. NO. 14214 OF 2025
4. I have heard Sri.V.S.Salim, the learned counsel for the
applicant and Sri.M.C.Ashi, 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
present case. 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 Senior 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 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 applicant is very serious in nature, and it prima
facie shows a premeditated criminal act on his part. The case
records would show that the applicant is the main kingpin behind
the incident. It was he who, through accused No. 6, gave the
quotation to hire goons and abduct and assault the defacto
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BAIL APPL. NO. 14214 OF 2025
complainant and rob his mobile phone. The evidence collected so
far shows that accused Nos.1 to 5 handed over the mobile phone
of the defacto complainant to the applicant and as a reward for
the successful execution of the quotation, the applicant gave a
sum of Rs.1,00,000/- to the accused No.3 through the accused
No.6. Moreover, the applicant has criminal antecedents.
7. The investigation is in a preliminary stage. The
custodial interrogation of the applicant is necessary for the
investigation. As rightly argued by the learned Senior Public
Prosecutor, the possibility of the applicant influencing the
witnesses and interfering with the investigation cannot be ruled
out if he is 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
NP
2026:KER:15137
BAIL APPL. NO. 14214 OF 2025
APPENDIX OF BAIL APPL. NO. 14214 OF 2025
PETITIONER ANNEXURES
Annexure 1 THE TRUE COPY OF THE FIR DATED
16.10.2025 IN CRIME NO. 1559/2025 OF
GANDHI NAGAR POLICE STATION, KOTTAYAM
DISTRICT
Annexure 2 THE TRUE COPY OF THE ORDER DATED
19.11.2025 IN CRL.MC NO.1531/2025 OF THE
HONOURABLE COURT OF SESSIONS, KOTTAYAM
GRANTING BAIL TO THE 5TH ACCUSED IN THE
CASE.
Annexure 3 THE TRUE COPY OF THE COMMON ORDER DATED
07.11.2025 DISMISSING THE CRL.MC.
NO.1452/2025 AND CRL.MC.NO.1453/2025 OF
THE HONOURABLE COURT OF SESSIONS,
KOTTAYAM
