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Kerala High Court
Ashraf Mathilakathveettil vs State Of Kerala on 15 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:3333
BAIL APPL. NO. 14441 OF 2025
1
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. 14441 OF 2025
CRIME NO.709/2025 OF Kalpakanchery Police Station,
Malappuram
AGAINST THE ORDER/JUDGMENT DATED 03.12.2025 IN CRMC
NO.1356 OF 2025 OF DISTRICT COURT& SESSIONS COURT/RENT
CONTROL APPELLATE AUTHORITY, MANJERI
PETITIONER/ACCUSED NO.1 & 2:
1 ASHRAF MATHILAKATHVEETTIL,
AGED 66 YEARS
S/O., KUNHAMMU KUNHIBAPU, MATHILAKATHVEETTIL
HOUSE, PUTHIYANGADI, THALIKULAM P.O, THRISSUR,
PIN - 680569
2 ABDUL MAJEED,
AGED 66 YEARS
S/O. MOHAMMED, PARAMBAN HOUSE, ATHIRUMADA,
KALAPAKANCHERI, RANDATHANI , MALAPPURAM, PIN -
676510
BY ADVS.
SRI.MUHAMMED YASIL
SHRI.M.A.AHAMMAD SAHEER
SHRI.E.A.HARIS
SMT.AAGI JOHNY
SHRI.SAHEER M.
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BAIL APPL. NO. 14441 OF 2025
2
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV. SRI.M.C.ASHI, SR. PP.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 15.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 14441 OF 2025
3
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.1 & 2 in
Crime No.709/2025 of Kalpakancherry Police Station,
Malappuram District. The offences alleged are punishable
under Sections 331(5), 296(b) and 351(2) read with Section
3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS).
3. The prosecution case, in short, is that at
about 8.45 p.m. on 23.11.2025, the applicants wrongfully
trespassed into the veranda of the house of the defacto
complainant at Kanancheri armed with iron rods, abused the
defacto complainant and her mother-in-law and threatened
that they would be killed by the applicants, if the defacto
complainant contests the upcoming local body election, as an
independent candidate. Thus, the applicants are alleged to
have committed the aforementioned offences.
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BAIL APPL. NO. 14441 OF 2025
4. I have heard Sri.Muhammed Yasil, the
learned 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 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
investigation.
6. The applicants are senior citizens. According
to the applicants, they only visited the house of the defacto
complainant as part of the election campaign. The applicants
do not have any 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
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BAIL APPL. NO. 14441 OF 2025
applicants.
In the result, the application is allowed on the
following conditions:-
(i) The applicants shall be released on bail in
the event of 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
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BAIL APPL. NO. 14441 OF 2025
influence any witnesses or other persons related to the
investigation.
(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
Mn
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BAIL APPL. NO. 14441 OF 2025
APPENDIX OF BAIL APPL. NO. 14441 OF 2025
PETITIONER ANNEXURES
Annexure-A1 A TRUE COPY OF THE FIR DATED
24.11.2025 IN CRIME NO. 709/2025 OF
KALPAKANCHERI POLICE STATION
Annexure-A2 A TRUE COPY OF DISCHARGE SUMMARY OF
THE 1ST PETITIONER
Annexure-A3 A TRUE COPY OF THE RELEVANT PAGE OF
DISCHARGE SUMMARY OF 2ND PETITIONER
Annexure-A4 A TRUE COPY OF THE ORDER DATED
03.12.2025 IN CRL.M.C. NO. 1356 OF
2025 OF THE COURT OF SESSIONS, MANJERI
