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Kerala High Court
Abbubacker Siddiq P.M vs State Of Kerala on 24 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:16585
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 24TH DAY OF FEBRUARY 2026 / 5TH PHALGUNA, 1947
BAIL APPL. NO. 641 OF 2026
CRIME NO.46/2026 OF MANJESWAR POLICE STATION, KASARGOD
PETITIONER/3RD ACCUSED:
1 ABBUBACKER SIDDIQ P.M,
AGED 36 YEARS
S/O. M. B AHAMMAD, SANNADKA (H), KUNJATHUR P.O,
KUNJATHUR AMSOM DESOM, KASARGOD, PIN - 671323
BY ADVS.
SHRI.K.B.ARUNKUMAR
SHRI.RANJIT BABU
SMT.POOJA K.S.
RESPONDENT/STATE:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
MANJESWAR POLICE STATION, KASARGOD DISTRICT,
PIN - 671323
SRI.M.C. ASHI, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, ALONG WITH BAIL APPL..643/2026, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. Nos.641 & 643 of 2026
-2-
2026:KER:16585
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 24TH DAY OF FEBRUARY 2026 / 5TH PHALGUNA, 1947
BAIL APPL. NO. 643 OF 2026
CRIME NO.46/2026 OF MANJESWAR POLICE STATION, KASARGOD
PETITIONER/1ST ACCUSED:
MOINUDDEEN,
AGED 33 YEARS
S/O. SAFIYA, ZISHAN MANZIL, NEAR REGISTER OFFICE,
HOSABETTU VILLAGE, KASARAGOD, PIN - 671323
BY ADVS.
SHRI.K.B.ARUNKUMAR
SHRI.RANJIT BABU
SMT.POOJA K.S.
RESPONDENT/STATE:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
MANJESWAR POLICE STATION,
KASARGOD DISTRICT., PIN - 671323
SRI.M.C. ASHI, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.02.2026, ALONG WITH BAIL APPL..641/2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos.641 & 643 of 2026
-3-
2026:KER:16585
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.641/2026 is the accused
No.5 (wrongly mentioned as accused No.3) and the applicant in
B.A. No.643/2026 is the accused No.1 in Crime No.46/2026 of
Manjeswar Police Station, Kasargod District. The offences
alleged are punishable under Section 127(7) read with Section
3(5) of Bharatiya Nyaya Sanhita, 2023 & altered Sections 333,
308(2) and 309(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 14.01.2026
at about 12 p.m., at Hosangady in Manjeshwar Village, the
applicants, in furtherance of their common intention, trespassed
into room No. 206 of Grand lodge, which was occupied by the
defacto complainant and his girlfriend and the accused No.1
forcibly took their semi-nude photos and demanded
Rs.2,00,000/- and thereby committed the offences.
4. I have heard Sri.K.B.Arun Kumar, the learned
B.A. Nos.641 & 643 of 2026
2026:KER:16585
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 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 act has been alleged against the
applicants in the FIS itself, though name of the accused No.1
B.A. Nos.641 & 643 of 2026
2026:KER:16585
has not been mentioned. However, in the investigation, specific
role of the accused No.1 has also been revealed. That apart,
accused No.1 has criminal antecedents.
7. The investigation is in a preliminary stage. The
custodial interrogation of the applicants is necessary for the
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
these are not fit cases where the extraordinary jurisdiction
vested with this Court under Section 482 of BNSS could be
invoked. The bail applications are, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
SKP
B.A. Nos.641 & 643 of 2026
2026:KER:16585
APPENDIX OF BAIL APPL. NO. 641 OF 2026
PETITIONER'S ANNEXURES:
Annexure A-1 THE TRUE COPY OF THE FIR AND FIS IN CRIME
NO. 46/2026 OF MANJESWAR POLICE STATION,
KASARGOD DISTRICT
Annexure A-2 THE ONLINE COPY OF THE COMMON ORDER DATED
27.01.2026 IN BA NO. 53/2026 ON THE FILE OF
THE SESSIONS COURT, KASARAGOD
RESPONDENTS' ANNEXURES: NIL
B.A. Nos.641 & 643 of 2026
2026:KER:16585
APPENDIX OF BAIL APPL. NO. 643 OF 2026
PETITIONER'S ANNEXURES:
Annexure A-1 THE ONLINE COPY OF THE COMMON ORDER DATED
27.01.2026 IN BA NO. 52/2026 ON THE FILE OF
THE SESSIONS COURT, KASARAGOD
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
