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Kerala High Court
Abdul Khader vs State Of Kerala on 21 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:5116
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. 242 OF 2026
CRIME NO.282/2025 OF SHOLAYAR POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED 28.11.2025 IN BAIL APPL. NO.13995
OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
ABDUL KHADER
AGED 47 YEARS, S/O.ABDUL RAHMAN,
KORMATH, KORMATH KULAMBU, VAVULLIYAPURAM,
THAROOR, ALATHUR, PALAKKAD, PIN - 678541
BY ADVS.
SHRI.M.H.HANIS
SMT.T.N.LEKSHMI SHANKAR
SMT.NANCY MOL P.
SMT.NEETHU.G.NADH
SMT.RIA ELIZABETH T.J.
SHRI.SAHAD M. HANIS
SHRI.MUHAMMAD A. P.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI,
PIN - 682031
BY ADV.
SRI.U. JAYAKRISHNAN, PP.
BAIL APPL. NOS. 242 & 247 OF 2026
2
2026:KER:5116
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.01.2026, ALONG WITH BAIL APPL. NO.247 OF 2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 242 & 247 OF 2026
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2026:KER:5116
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. 247 OF 2026
CRIME NO.280/2025 OF SHOLAYAR POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT DATED 28.11.2025 IN BAIL APPL. NO.13998
OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
ABDUL KHADER
AGED 47 YEARS, S/O.ABDUL RAHMAN,
KORMATH, KORMATH KULAMBU, VAVULLIYAPURAM,
THAROOR, ALATHUR, PALAKKAD, PIN - 678541
BY ADVS.
SHRI.M.H.HANIS
SMT.T.N.LEKSHMI SHANKAR
SMT.NANCY MOL P.
SMT.NEETHU.G.NADH
SMT.RIA ELIZABETH T.J.
SHRI.SAHAD M. HANIS
SHRI.MUHAMMAD A. P.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI,
PIN - 682031
BY ADV.
SRI.U. JAYAKRISHNAN, PP.
BAIL APPL. NOS. 242 & 247 OF 2026
4
2026:KER:5116
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.01.2026, ALONG WITH BAIL APPL. NO.242 OF 2026, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 242 & 247 OF 2026
5
2026:KER:5116
ORDER
Dated this the 21st day of January, 2026
These applications are filed under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,
BNSS) seeking regular bail.
2. The applicant is the sole accused in Crime
Nos.282 & 280 of 2025 of Sholayar Police Station, Palakkad
District. The offences alleged are punishable under
Sections 137(2), 87, 65(2), 64(2)(m), 75(1)(iii), 75(1)(ii)
and 75(2) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 3(a), 3(b), 3(c), 4(2), 5(l), 5(m), 6(1), 7, 8,
11(i), 11(iii) and 12 of the Protection of Children from
Sexual Offences Act, 2012. Bail Appl. No.242 of 2026
pertains to Crime No.282/2025 and Bail Appl. No.247 of
2026 pertains to Crime No.280 of 2025.
3. The prosecution case in both cases are as
follows:
The survivors in the crimes are siblings. The
victim in Crime No.282/2025 is seven years old, and the
victim in Crime No.280/2025 is ten years old. The
BAIL APPL. NOS. 242 & 247 OF 2026
2026:KER:5116
applicant is their neighbour. He gave them food items and
handed over his mobile phone to view and play with it. He
showed porn videos to the victims. Thereafter, the victims
were taken from their lawful guardianship and subjected
them to aggravated penetrative sexual assault.
4. I have heard Sri. M.H.Hanis, the learned
counsel for the applicant and Sri. M.C.Ashi and Sri.
U.Jayakrishnan, the learned Public Prosecutors. Perused
the case diary.
5. The learned counsel for the applicant
submitted that the applicant is innocent and has been
falsely implicated in the present case. The counsel further
submitted that no materials are on record to connect the
applicant with the alleged crime; hence, he is entitled to
bail. On the other hand, the learned Public Prosecutors
submitted that the alleged incident occurred as a part of
the intentional criminal acts of the applicant, and he is not
entitled to bail at this stage.
6. The applicant was remanded to judicial
custody on 05.08.2025. A perusal of the case diary would
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reveal that the accusation against the applicant is very
serious, and it prima facie shows a premeditated criminal
act on his part. The applicant is aged 47 years. The
victims are seven and ten years old, respectively.
Considering the nature of the crime, the gravity of the
offence, the complicity of the applicant in it, and the facts
and circumstances mentioned above, I am of the view that
the applicant cannot be released on bail at this stage. The
bail application, accordingly, is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ARK
BAIL APPL. NOS. 242 & 247 OF 2026
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APPENDIX OF BAIL APPL. NO. 242 OF 2026
PETITIONER ANNEXURES
ANNEXURE A THE TRUE COPY OF THE ORDER IN CRL. M.C
NO.4920 OF 2025 DATED 05-11-2025 BEFORE THE
COURT OF SESSIONS, PALAKKAD
ANNEXURE B A TRUE COPY OF THE ORDER DATED 28/11/2025 IN
BAIL.APPL. 13995/2025 OF THIS HON'BLE COURT
BAIL APPL. NOS. 242 & 247 OF 2026
2026:KER:5116
APPENDIX OF BAIL APPL. NO. 247 OF 2026
PETITIONER ANNEXURES
ANNEXURE A THE TRUE COPY OF THE ORDER IN CRL. M.C
NO.4922 OF 2025 DATED 05-11-2025 BEFORE THE
COURT OF SESSIONS, PALAKKAD
ANNEXURE B A TRUE COPY OF THE ORDER DATED 28/11/2025 IN
BAIL.APPL. 13998/2025 OF THIS HON'BLE COURT
