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Kerala High Court
Azeem Salih vs State Of Kerala on 12 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
BAIL APPL. NO. 13812 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 12TH DAY OF JANUARY 2026 / 22ND POUSHA, 1947
BAIL APPL. NO. 13812 OF 2025
CRIME NO.303/2025 OF INFOPARK POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.2487 OF
2025 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VII/RENT
CONTROL APPELLATE AUTHORITY, ERNAKULAM / III ADDITIONAL MACT,
ERNAKULAM
PETITIONER/ACCUSED NO.1:
AZEEM SALIH
AGED 28 YEARS
S/O PK ANSARI, PUNNILATH HOUSE,
PO KOOLIMUTTOM, KODUNGALLOOR,
THRISSUR -, PIN - 680691
BY ADVS.
SRI.B.VINOD
SRI.R.ANAS MUHAMMED SHAMNAD
SHRI.SALEEK.C.A.
SHRI.HAMDAN MANSOOR K.
RESPONDENT/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
INFOPARK POLICE STATION,
ERNAKULAM, PIN - 682042
3 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BAIL APPL. NO. 13812 OF 2025
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BY ADVS.
SRI.VARGHESE K.PAUL
SMT.KASHMEERA ASHRAF
SMT.SNEHA DIVAKARAN P.
SMT.ANAMIKA SASIKUMAR
SHRI.SAFEER BAWA A.S.
SMT.JULLY SIJU
SMT.SHEBA LIZ ULLAS
OTHER PRESENT:
SRI. M.C. ASHI-SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 13812 OF 2025
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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.1 in Crime
No.303/2025 of Infopark Police Station, Ernakulam District. The
offences alleged are punishable under Section 85, read with
Section 3(5) of BNS and Sections 3 and 4 of Muslim Women
(Protection of Rights on Marriage) Act, 2019.
3. The prosecution case, in short, is that the de facto
complainant was subjected to cruelty both physically and mentally
by the applicant demanding more dowry and further the applicant
divorced the de facto complainant by pronouncing triple talaq in
contravention of Muslim Women (Protection of Rights on Marriage)
Act, 2019 and thereby committed the offences.
4. I have heard Sri. B.Vinod, 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 above crime. The counsel further submitted that no materials
are on record to connect the applicant with the alleged crime;
BAIL APPL. NO. 13812 OF 2025
2026:KER:1902
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 applicant is the husband of the de facto
complainant. The crime was registered pursuant to Annexure-15
complaint preferred by the victim to the Station House Officer,
Infopark Police Station, Kakkanad. The said complaint which runs
into 8 pages does not specifically state that the alleged cruelty,
physically and mentally was with a view to coerce the de facto
complainant or a relative to meet any unlawful demand for any
property or valuable security or is on account of failure by her or
any person related to her to meet such demand. A vague
statement has been given under Section 161 of Cr.P.C that there
was demand of dowry. However, a conjoint reading of Annexure 15
and the 161 statement would not disclose specific allegations of
cruelty so as to attract Section 86 of BNS. Annexure 2 is the
talaqnama issued by the applicant to the victim. It is the first
declaration of talaq. What was declared illegal and void by Section
3 of the Muslim Women (Protection of Rights on Marriage) Act,
2019 and made as an offence under Section 4 thereof, was the
BAIL APPL. NO. 13812 OF 2025
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pronouncement of talaq-e-biddat (triple talaq) or any other similar
form of talaq resulting in instantaneous and irrevocable divorce
[ See. Jahfer Sadiq E.A. v. Marwa (2022 (4) KLT 659)].
Annexure 2 talaq does not result in instantaneous and irrevocable
divorce. Therefore, Sections 3 and 4 of the Muslim Women
(Protection of Rights on Marriage) Act, 2019 are not prima facie
attracted. Considering the allegations made against the applicant,
his custodial interrogation seems unnecessary. For these reasons, I
find this to be an appropriate case to grant pre-arrest bail to the
applicant.
In the result, the application 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
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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.
(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
LU
BAIL APPL. NO. 13812 OF 2025
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APPENDIX OF BAIL APPL. NO. 13812 OF 2025
PETITIONER ANNEXURES :
ANNEXURE 1 A TRUE COPY OF FIR IN CRIME NO. 303 OF
2024 INFO PARK POLICE STATION
ANNEXURE 2 TRUE COPY OF FIRST THALAQ ISSUED ON
27/12/2024 BY THE PETITIONER TO THE
DEFACTO COMPLAINANT
ANNEXURE 3 A TRUE COPY OF REFERENCE LETTER ISSUED
FROM HRIDYA CLINIC DATED 11/6/20125
ANNEXURE 4 A TRUE COPY OF THE REPORT OF VISION SCANS
DATED 11/06/2025
ANNEXURE 5 THE TRUE COPY OF THE DISCHARGE SUMMARY OF
THE DEFACTO COMPLAINANT ON 12/06/2025
ANNEXURE 6 LETTER DATED 3/10/2025 BY THE PETITIONER
TO THE KATHIKODE MAHALLU COMMITTEE
SEEKING AN INTERFERENCE OF MAHALLU TO
AMICABLY SETTLE THE ISSUES
ANNEXURE 7 A TRUE COPY OF THE LETTER DATED 4/10/2025
OF THE KATHIKODE MAHALLU COMMITTEE
ANNEXURE 8 A TRUE COPY OF THE LETTER DATED
10/10/2025 OF PINARMUNDA JAMAAT TO THE
KATHIKODE MAHALLU COMMITTEE
ANNEXURE 9 A SCREEN SHOT OF TRANSACTION HISTORY OF
PETITIONERS G-PAY ACCOUNT TO THE DEFACTO
COMPLAINANT
ANNEXURE 10 A SCREEN SHOT OF ELECTRONIC ACCOUNT
STATEMENT PERTAINING TO ACCOUNT NUMBER
30172610574 OF SRI ANSARI PK AND ZEENATH
ANSARI OF PETITIONERS' PARENTS PERTAINING
TO 12 AND 13 MAY 2024
ANNEXURE 11 A TRUE COPY ONE 1 PHOTOGRAPH OF THE
DEFACTO COMPLAINANT TAKEN ON 25/5/2024
ANNEXURE 12 A TRUE COPY OF THE DISCHARGE SUMMARY AND
INVESTIGATION REPORT ISSUED BY THE
DEPARTMENT OF OBSTETRICS AND GYNAECOLOGY
DATED 9/6/2024 BY SABINE HOSPITAL,
MOOVATUPUZHA
ANNEXURE 13 A TRUE COPY OF SELFY PHOTOGRAPH OF THE
PETITIONER TAKEN ON 31/08/2025 AT 1:50 AM
ANNEXURE 14 A TRUE COPY OF A WRITTEN STATEMENT FILED
BY THE DEFACTO COMPLAINANT IN CRL MC NO
2847/2025 DATED 22/10/2025
ANNEXURE 15 A TRUE COPY OF THE COMPLAINT FILED BY THE
BAIL APPL. NO. 13812 OF 2025
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DEFACTO COMPLAINANT DATED 02/10/25
ANNEXURE 16 A TRUE COPY OF THE ORDER DATED 31/102025
IN CRL MC 2847/2025 OF ADDITIONAL
SESSIONS JUDGE OF ERNAKULAM
// True Copy // PA To Judge
