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Kerala High Court
Noushad vs State Of Kerala on 15 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:3390
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 15TH DAY OF JANUARY 2026/25TH POUSHA, 1947
BAIL APPL. NO. 13986 OF 2025
CRIME NO.1590/2025 OF SAKTHIKULANGARA POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED 17.11.2025 IN CRMC NO.2962 OF
2025 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, KOLLAM
PETITIONER/ACCUSED:
NOUSHAD
AGED 59 YEARS, S/O IBRAHIMKUTTY,
PRASANTH VEEDU, RAMANKULANGARA NAGAR,
SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT,
PIN - 691581
BY ADVS.
SRI.AJAYA KUMAR. G
SMT.FATHIMA MAJEED
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER,
SAKTHIKULANGARA POLICE STATION, KOLLAM,
PIN - 691581
BY ADV.
SRI.U.JAYAKRISHNAN, PP
BAIL APPL. NO. 13986 OF 2025
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2026:KER:3390
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 13986 OF 2025
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2026:KER:3390
ORDER
Dated this the 15th day of January, 2026
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.1590/2025 of Sakthikulangara Police Station,
Kollam District. The offence alleged is punishable under
Section 318(4) read with 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that the
applicant, who is the accused No.1 in the crime, had taken
contract for interlock work of the accused No.2. The
applicant had entrusted the work to the complainant for
RS.2,43,035/-. The complainant had completed the work.
The applicant herein had paid only Rs.50,000/- to the
complainant. Thereafter, the applicant disowned the
liability. The accused No.2 represented that he had
entrusted the work to the accused No.1 and he had already
paid the entire amount to the applicant herein.
BAIL APPL. NO. 13986 OF 2025
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4. I have heard Sri. Ajaya Kumar.G, the
learned counsel for the applicant and Sri. U.Jayakrishnan,
the learned 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; hence, he is entitled to
bail. The learned 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. I went through the FIS. As per the
averments in the FI Statement, the applicant only
introduced the de facto complainant to the accused No.2
for undertaking the work. The applicant does not have any
criminal antecedents. Considering the allegations made
against the applicant, his custodial interrogation seems
unnecessary. For these reasons, I find this to be an
BAIL APPL. NO. 13986 OF 2025
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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 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
BAIL APPL. NO. 13986 OF 2025
2026:KER:3390
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
ARK
BAIL APPL. NO. 13986 OF 2025
2026:KER:3390
APPENDIX OF BAIL APPL. NO. 13986 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE STATE POLICE COMPLAINT
AUTHORITY DATED 13-10-2025
ANNEXURE A2 TRUE COPY OF THE FIR IN CRIME NO 1590/2025 OF
SAKTHIKULANGARA POLICE STATION DATED 25-10-
ANNEXURE A3 THE TRUE COPY OF THE FINAL ORDER PASSED BY
THE HON'BLE THE PRINCIPAL SESSIONS COURT,
