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Kerala High Court
K.K. Moidu vs The State Of Kerala on 30 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7945
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BAIL APPL. NO. 309 OF 2026
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
BAIL APPL. NO. 309 OF 2026
CRIME NO.1676/2025 OF SULTHAN BATHERY POLICE STATION, WAYANAD
PETITIONERS/ACCUSED NOS.2, 4 AND 8:
1 K.K. MOIDU
AGED 49 YEARS, S/O.MUHAMMED,
KURUMATTUKUDI HOUSE,
KUPPADI POST, KUPPADI VILLAGE,
SULTAN BATHERY TALUK,
WAYANAD DISTRICT, PIN - 673592
2 NOUSHEEK
AGED 30 YEARS, S/O.KUNHABDULLA,
MANJERIYIL HOUSE, KUPPADI POST,
KUPPADI VILLAGE, SULTAN BATHERY TALUK,
WAYANAD DISTRICT, PIN - 673592
3 SUMSHAD
AGED 38 YEARS, S/O.ABDUL NAZAR
PUTHIYAVEETTIL HOUSE, KUPPADI POST,
ONNAM MILE,KUPPADI VILLAGE,
SULTAN BATHERY TALUK, WAYANAD DISTRICT,
PIN - 673592
BY ADV SRI.JESWIN P.VARGHESE
RESPONDENT/COMPLAINANT:
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BAIL APPL. NO. 309 OF 2026
THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
OTHER PRESENT:
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 309 OF 2026
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.2, 4 and 8 in Crime
No.1676/2025 of Sulthanbathery Police Station, Wayanad District.
The offences alleged are punishable under Sections 126(2), 118(1),
110, 189(1), 189(2) and 189(4) r/w Section 190 of BNS, 2023.
3. The prosecution case, in short, is that on 13.12.2025
between 15.30 hours and 16.30 hours near the bus stop at 3 rd
Mile, accused Nos.1 to 8, who are the active workers of UDF, due
to prior enmity arising from the defacto complainant's objection to
their setting off crackers at the house of LDF activist Praveenlal,
formed an unlawful assembly armed with deadly weapons such as
iron rod, and in prosecution of their common object, wrongfully
restrained the defacto complainant during his return from
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BAIL APPL. NO. 309 OF 2026
Praveenlal's house, and beat on his head and body with the iron
rod with the knowledge and intention that if his death was caused
by that act, they would be guilty of culpable homicide amounting
to murder and thereby voluntarily caused grievous hurt to his
head, upper lip, right middle finger, left hand and shoulder and
thereby committed the offences.
4. I have heard Sri.Jeswin P.Varghese, the learned counsel
for the applicants and Smt.Sreeja V, 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
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BAIL APPL. NO. 309 OF 2026
investigation.
6. On the date of incident, there was a clash between the
workers of UDF and ruling political front (LDF). The date of
incident was the date of declaration of the result of the local body
elections. There was a case and counter case. The counter case has
been registered against the defacto complainant and the injured. I
went through the FIS. No serious overt act has been alleged
against the applicants. The applicants did not use any weapon.
The accused No.1 alone used the weapon and he was already
arrested and the recovery has been effected. 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
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BAIL APPL. NO. 309 OF 2026
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 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.
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BAIL APPL. NO. 309 OF 2026
(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
AS
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BAIL APPL. NO. 309 OF 2026
APPENDIX OF BAIL APPL. NO. 309 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR REGISTERED AS
CRIME NO. 1676/2025 REGISTERED AT SULTAN
BATHERY POLICE STATION IN WAYANAD
DISTRICT DATED 14.12.2025
ANNEXURE A2 A TRUE COPY OF THE FIS GIVEN BY THE DE-
FACTO COMPLAINANT DATED 13.12.2025
ANNEXURE A3 A TRUE COPY OF MEDICAL CERTIFICATE ISSUED
FROM VINAYAKA HOSPITAL, SULTAN BATHERY,
WAYANAD
ANNEXURE A4 A TRUE COPY OF THE FIR REGISTERED AS
CRIME NO. 1675/2025 REGISTERED AT SULTAN
BATHERY POLICE STATION IN WAYANAD
DISTRICT DATED 14.12.2025
ANNEXURE A5 A TRUE COPY OF DISCHARGE SUMMARY OF AZEES
(A1) ISSUED FROM IQRAA HOSPITAL, SULTAN
BATHERY DATED 13.12.2025
ANNEXURE A6 A TRUE COPY OF DISCHARGE SUMMARY OF RAJU
(A6) ISSUED FROM IQRAA HOSPITAL, SULTAN
BATHERY DATED 13.12.2025
ANNEXURE A7 A TRUE COPY OF THE COMMON ORDER PASSED BY
SESSIONS COURT, KALPETTA IN CRL. MC NO.
965/2025 AND 966/2025 DATED 13.01.2026
ANNEXURE A8 A TRUE COPY OF THE ELECTION CERTIFICATE
ISSUED TO THE 1ST PETITIONER DATED
13.12.2025
ANNEXURE A9 A TRUE COPY OF THE ELECTION CERTIFICATE
ISSUED TO THE 3RD PETITIONER DATED
13.12.2025
