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Kerala High Court
Yashik Chakkundan vs State Of Kerala on 30 January, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 667 OF 2026 1
2026:KER:7678
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
CRL.MC NO. 667 OF 2026
CRIME NO.785/2025 OF VENGARA POLICE STATION, MALAPPURAM
AGAINST THE ORDER DATED 17.01.2026 IN CRMP 1/2026 IN CRMC
NO.1432 OF 2025 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -
II, MANJERI / II ADDITIONAL MACT/RENT CONTROL APPELLATE
AUTHORITY, MANJERI
PETITIONER/ACCUSED NO.2:
YASHIK CHAKKUNDAN,
AGED 37 YEARS, CHAKKUNDAN HOUSE, KANNAMANGALAM P.O,
MALAPPURAM DISTRICT, PIN - 676304
BY ADVS. SHRI.M.T.SAMEER
SHRI.RAMEEZ M. AZEEZ
SMT.DEVIKA K.R.
SMT.SAWPARNIKA RAJU
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY SR.PP.SRI.C.S.HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 667 OF 2026 2
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ORDER
Dated this the 30th day of January, 2026
The petitioner is the 2nd accused in Crime
No.785/2025 registered by the Vengara Police Station,
Malappuram, alleging the commission of the offences
punishable under Sections 288, 110 and 118(1) read with
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. The crux of the prosecution case is that;
On 13.12.2025, at around 21:00 hours, the accused
persons, in furtherance of their common intention, while
celebrating the victory of an independent candidate in the
local Panchayath elections, burst fire crackers and threw
them into the house of the defacto complainant, whose
mother sustained injury to her left hand. Thus, the accused
have committed the above offences.
3. The petitioner has stated in the Criminal
Miscellaneous Case that, although he was arrested and
remanded to judicial custody on 14.12.2025, by Annexure 2
order, the Court of Sessions Manjeri (Bail Court) had
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enlarged him on bail, but subject to conditions. By
Condition Nos.2 and 5, the petitioner was directed to
appear before the Investigating Officer on every Monday
between 8:00 A.M and 9:00 A.M for two months or till the
completion of the investigation and also surrender his
passport before the jurisdictional Magistrate. Even though
the order was passed on 22.12.2025, the investigation has
not been completed. Hence, the petitioner has filed an
application before the Bail Court to modify the Condition
Nos. 2 and 5. However, by the impugned Annexure 3 order,
the Bail Court has dismissed the application. Annexure 3
order is unreasonable and unjustifiable. The petitioner is
employed in Saudi Arabia as a driver. If the petitioner does
not rejoin his duty, he will lose his employment, which in
turn would cause severe financial hardships and difficulties
to him. Hence, Annexure 3 order may be set aside.
4. I have heard the learned counsel for the
petitioner and the learned Public Prosecutor.
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5. Annexure 2 order was passed by the Bail
Court on 22.12.2025. By Condition Nos.2 and 5, the
petitioner was directed to appear before the Investigating
Officer on every Monday for a period of two months or till
the completion of the investigation, and to surrender his
passport before the jurisdictional Court.
6. It is not in dispute that the petitioner has
been scrupulously appearing before the Investigating
Officer on every Monday since 22.12.2025, which is more
than a month now. It is reported that the investigation is
still in progress.
7. Considering the fact that the petitioner has
diligently appeared before the Investigating Officer for
more than a month now, I am of the view that Condition
No.2 is to be modified and the petitioner be permitted to
appear before the Investigating Officer online, in case his
further questioning is required.
8. In Abhil C.R. v. State of Kerala [2025 KHC
OnLine 1650], this Court has succinctly held that the
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accused persons who are employed abroad, can be
permitted to appear through video conferencing as per the
provisions of the Electronic Video Linkage Rules for Courts
(Kerala), 2021. The above view has been reiterated by this
Court in Rameshan v. State of Kerala (2025 (6) KHC
545).
9. Taking into consideration the peculiar facts
and the circumstances of the case, particularly that the
petitioner is employed abroad and that he has to resume his
employment immediately, I am of the definite view that the
petitioner can be permitted to travel abroad, subject to the
condition that he files applications before the jurisdictional
Court seeking permanent exemption and to permit him to
appear before the Investigating Officer and for trial by
adopting the electronic video linkage, which will meet the
interest of justice.
In the aforesaid circumstances, the Crl.M.C, is
allowed in the following manner :-
(I) Annexure 3 order is set aside.
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(ii) Crl.M.P.Nos.01 and 02 of 2026 filed before the
Bail Court are allowed, subject to the condition that
the petitioner shall file applications to appear before
the Investigating Officer and the jurisdictional
Court, within one week from today, to adopt the
electronic video linkage. He shall also
simultaneously file an application for permanent
exemption in the case, with a specific undertaking
that he would not dispute his identity. On filing the
said applications, along with a copy of this order, the
jurisdictional Magistrate shall return the petitioner's
passport to him. However, the learned Magistrate
shall impose such condition that he may deem
necessary to permit the petitioner to travel abroad,
including the duration of the travel. The above
exercise shall be completed within a week from the
date of production of a copy of this order.
Sd/-
C.S.DIAS
JUDGE
NAB
2026:KER:7678
APPENDIX OF CRL.MC NO. 667 OF 2026
PETITIONER ANNEXURES
ANNEXURE 1 A COPY OF THE FIR IN CRIME NO.785/2025 OF
VENGARA POLICE STATION, MALAPPURAM DATED
14/12/2025
ANNEXURE 2 A TRUE COPY OF THE ORDER IN CRL.MC
NO.1432/2025 OF THE ADDITIONAL SESSIONS
COURT-2, MANJERI DATED 22/12/2025
ANNEXURE 3 A TRUE COPY OF THE COMMON ORDER IN CRL.MP
NOS.1/ 2026 AND 2/2026 IN CRL.MC
NO.1432/2025 DATED 17/01/2026
ANNEXURE 4 A TRUE COPY OF THE PETITIONER'S RESIDENT
IDENTITY CARD ISSUED BY THE MINISTRY OF
INTERIOR, KINGDOM OF SAUDI ARABIA
ANNEXURE 5 A TRANSLATED COPY OF THE ANNEXURE-4
