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Kerala High Court
Aminish Kumar M.K vs State Of Kerala on 21 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:5213
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 21ST DAY OF JANUARY 2026/1ST MAGHA, 1947
BAIL APPL. NO. 13038 OF 2025
CRIME NO.458/2025 OF NADAKKAVU POLICE STATION, KOZHIKODE
AGAINST THE ORDER/JUDGMENT DATED 14.10.2025 IN CRMC NO.1388 OF
2025 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY I, KOZHIKODE
PETITIONER/ACCUSED NO.10:
AMINISH KUMAR M.K
AGED 51 YEARS, S/O P.C BALACHANDRAN NAIR,
PULIKKOTTUKANDY HOUSE, PANANGAD, VATTOLI BAZAR POST,
KOZHIKODE DISTRICT, PIN - 673612
BY ADV SRI.JESWIN P.VARGHESE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADV.
SMT.M.K.PUSHPALATHA, SR. PP.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 13038 OF 2025
2
2026:KER:5213
ORDER
Dated this the 21st 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.10 in
Crime No.458/2025 of Nadakkavu Police Station,
Kozhikode District. The offences alleged are punishable
under Sections 3, 4, 5 and 7 of the Immoral Traffic
(Prevention) Act, 1956.
3. The prosecution case, in short, is that the
applicant who is the accused No.10 is conducting a brothel
in which the accused No.1 is engaged as the Manager and
accused Nos.2 and 3 are her assistants. Accused Nos.4 to
7 are engaged there as prostitutes and accused Nos.8 and
9 are the customers. Thus, the applicant along with other
accused persons have received unlawful gain and thereby
committed the above offences.
4. I have heard Sri. Jeswin P.Varghese, the
learned counsel for the applicant and Smt.
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M.K.Pushpalatha, 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; 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 has been arrayed as an
accused for the reason that he is the lessee of the building.
Going by the prosecution case, the accused No.1 is
managing the affairs of the building and accused Nos.2 and
3 are the assistants. When search was conducted, accused
Nos.4 to 7 who were allegedly prostitutes and accused
Nos.8 and 9 who were allegedly customers were there.
Admittedly, at the time of the search, the applicant was not
BAIL APPL. NO. 13038 OF 2025
2026:KER:5213
there. According to the applicant, he was employed
abroad. The investigation is almost over. The applicant
has no criminal antecedents. 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 Saturday until further orders. He shall also appear
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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
ARK
BAIL APPL. NO. 13038 OF 2025
2026:KER:5213
APPENDIX OF BAIL APPL. NO. 13038 OF 2025
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE ORDER PASSED BY SESSIONS
COURT, KOZHIKODE IN CRL. MC NO. 1388/2025
DATED 14.10.2025
ANNEXURE A2 A PHOTOGRAPH OF THE AFORESAID APARTMEN
ANNEXURE A3 A TRUE COPY OF LEASE DEED EXECUTED BETWEEN
SURESH BABU MAMPULLY (LESSOR) AND THE
PETITIONER (LESSEE) WITH RESPECT TO APARTMENT
NO. 2FA DATED 06.11.2023
ANNEXURE A4 A TRUE COPY OF LEASE DEED EXECUTED BETWEEN
DR. RATNAM K.A (LESSOR) AND THE PETITIONER
(LESSEE) WITH RESPECT TO APARTMENT NO. 1FD
DATED 06.11.2023
ANNEXURE A5 A TRUE COPY OF LEASE DEED EXECUTED BETWEEN
DR. UDAYA BHASKARAN (LESSOR) AND THE
PETITIONER (LESSEE) WITH RESPECT TO APARTMENT
NO. 1FC DATED 06.11.2023
ANNEXURE A6 A TRUE COPY OF LEASE DEED EXECUTED BETWEEN
JAYALATHA K.P (LESSOR) AND THE PETITIONER
(LESSEE) WITH RESPECT TO APARTMENT NO. 2FB
DATED 06.11.2023
ANNEXURE A7 A TRUE COPY OF THE LEASE DEED EXECUTED
BETWEEN SURESH BABU MAMPULLY (LESSOR) AND
PETITIONER (LESSEE) WITH RESPECT TO APARTMENT
NO. GSU DATED 06.11.2023
