[Cites 1, Cited by 0]
Kerala High Court
Fasalul Rahman vs State Of Kerala on 20 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:15667
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
BAIL APPL. NO. 415 OF 2026
CRIME NO.8/2026 OF VAZHAKKAD POLICE STATION, MALAPPURAM
PETITIONERS/ACCUSED NOS.1 & 2:
1 FASALUL RAHMAN
AGED 48 YEARS
CHITTANCHERIYA KOYAPPATHODI (H) VAZHAKKAD P.O,
MALAPPURAM, PIN - 673645.
2 ASHEEM P
AGED 37 YEARS
PUTHIYATHODI (H) VETTATHOOR, VAZHAKKAD P.O,
MALAPPURAM, PIN - 693645.
BY ADVS.
SRI.RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
SRI.P.RAJKUMAR
SRI.KESHAVRAJ NAIR
SHRI.BIJU VIGNESWAR
SHRI.ARUN POOMULLI
SMT.MEERA JOPPAN
SHRI.ABHIRAM.S.
SMT.GAADHA SURESH
SHRI.VISWANATH JAYAN
SHRI.AKSHAY SHIBU
SHRI.ANANTHAPADMANABHAN
SHRI.ASHISH PAUL
SMT.LAXMISREE JAYANTHA KUMAR
SHRI.FAYAS MUHAMMED S.
B.A.Nos.415 & 885 of 2026
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2026:KER:15667
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2026, ALONG WITH Bail Appl..885/2026, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
B.A.Nos.415 & 885 of 2026
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2026:KER:15667
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
BAIL APPL. NO. 885 OF 2026
CRIME NO.8/2026 OF VAZHAKKAD POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.6:
ABDU RAHIMAN,
AGED 47 YEARS
S/O. MOIDEEN,MADASSERI, VETTUPARA,CHEEKODE P.
O.,MALAPPURAM, PIN - 673645.
BY ADVS.
SRI.RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
SRI.P.RAJKUMAR
SRI.KESHAVRAJ NAIR
SHRI.BIJU VIGNESWAR
SHRI.ARUN POOMULLI
SMT.MEERA JOPPAN
SHRI.ABHIRAM.S.
SMT.GAADHA SURESH
SHRI.VISWANATH JAYAN
SHRI.AKSHAY SHIBU
SHRI.FAYAS MUHAMMED S.
SHRI.ASHISH PAUL
SMT.LAXMISREE JAYANTHA KUMAR
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA,ERNAKULAM, PIN - 682031.
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2026, ALONG WITH Bail Appl..415/2026, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
B.A.Nos.415 & 885 of 2026
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2026:KER:15667
ORDER
[Bail Appl. Nos. 415 & 885 of 2026]
These applications are filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking pre-arrest bail.
2. In B.A. No.415 of 2026, the applicants are the
accused Nos.1 and 2 and in B.A. No.885 of 2026 the applicant is
accused No.4 in Crime No.8/2026 of Vazhakkad Police Station,
Malappuram District. The offences alleged are punishable under
Sections 189(2), 191(2), 132, 121(1), 351 and 296(b) r/w with
Section 190 of the Bharatiya Nyaya Sanhita, 2023, and Section
117(e) of the Kerala Police Act, 2011.
3. The prosecution case, in short, is that at about
12:17 am on 03.01.2026, the accused persons 1 to 15, due to
their prior animosity to the defacto complainant and his
colleagues, all of them are police officials, formed themselves into
an unlawful assembly at Elamaram bridge in Vazhakkad village,
deterred the official duties of the defacto complainant and his
colleagues, assaulted and threatened them, uttered filthy
language against them and hurled abuses at them. Thus, the
applicants committed the above offences.
B.A.Nos.415 & 885 of 2026
2026:KER:15667
4. I have heard Sri.Renjith B. Marar, the learned
counsel for the applicants and Sri.K.A. Noushad K.A., the learned
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 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 acts have been
alleged against the applicants in B.A. No. 415 of 2026, who are
accused Nos. 1 and 2. Considering the allegations levelled against
them, their custodial interrogation appears to be necessary.
Hence, they cannot be granted pre-arrest bail. However, there is
no specific overt act alleged against accused No. 4, who is the
sole applicant in B.A. No. 885 of 2026 (wrongly described as
accused No. 6 in the bail application). Hence, his custodial
interrogation is not necessary, and he can be granted pre-arrest
bail.
B.A.Nos.415 & 885 of 2026
2026:KER:15667
In the result, B.A. No. 885 of 2026 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.
(vi) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
B.A.Nos.415 & 885 of 2026
2026:KER:15667
(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.
The Bail Application No.415 of 2026, filed by accused
Nos. 1 and 2, stands dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
mea
B.A.Nos.415 & 885 of 2026
2026:KER:15667
APPENDIX OF BAIL APPL. NO. 415 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR IN CRIME NO.
08/2026 OF THE VAZHAKKAD POLICE STATION
Annexure A2 TRUE COPY OF THE DISCHARGE SUMMARY OF
THE 2ND PETITIONER ISSUED BY THE KMCT
MEDICAL COLLEGE HOSPITAL ON 03.01.2026
Annexure A3 TRUE COPY OF THE ORDER DATED 17.01.2026
IN B.A. NO. 13/2026 ON THE FILES OF
PRINCIPAL SESSIONS COURT, MANJERI
B.A.Nos.415 & 885 of 2026
2026:KER:15667
APPENDIX OF BAIL APPL. NO. 885 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR DATED 03.01.2026 IN
CRIME NO. 08/2026 OF VAZHAKKAD POLICE
STATION.
Annexure A2 TRUE COPY OF THE ORDER DATED 17.01.2026
IN B. A. NO. 13/2026 PASSED BY THE
SESSIONS COURT, MANJERI.
