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Kerala High Court
Shaiju Fasaludeen vs State Of Kerala on 29 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.142/2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947
BAIL APPL. NO. 142 OF 2026
CRIME NO.2764/2025 OF Kottarakkara Police Station,
Kollam
AGAINST THE ORDER DATED 30.12.2025 IN CRMC
NO.3384 OF 2025 OF PRINCIPAL SESSIONS COURT, KOLLAM.
PETITIONER/ACCUSED NOS. 2 AND 3:
1 SHAIJU FASALUDEEN, AGED 36 YEARS
SON OF FASALUDEEN, SASTHAM MUKAL, MUSLIM
STREET, KOTTARAKKARA, KOLLAM DISTRICT, PIN -
691532
2 AFSAL @ APPU, AGED 28 YEARS
SON OF SHAJI B, SASTHAM MUKAL, MUSLIM STREET,
VALAKOM P.O., KOTTARAKKARA, KOLLAM DISTRICT,
PIN - 691532
BY ADVS. SRI.P.M.ZIRAJ
SHRI.IRFAN ZIRAJ
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH
COURT OF KERALA AT ERNAKULAM, PIN - 682031
2 INSPECTOR OF POLICE
KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT,
PIN - 691506
B.A.No.142/2026
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*ADDL R3 HASHIM , S/O SHEREEF, KOLLAMVILATHAZHA THIL
VEEDU, MUSLIM STREET, PADINJATTINKARA,
KOTTARAKKARA VILLAGE, KOLLAM RURAL 691506
*ADDL.R3 IS IMPLEADED AS PER ORDER DATED
29.1.2026 IN CRL.MA. NO.1/2026.
BY ADV SHRI.ABHIJITH SREEKUMAR
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 29.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.142/2026
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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 applicants are the accused Nos. 2 and
3 in Crime No. 2764/2025 of Kottarakara Police Station,
Kollam District. The offences alleged are punishable under
Sections 189(2), 191(2), 191(3), 118(1) and 110 read with
Section 190 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
7.12.2025, at 9 pm, the applicants along with the remaining
accused formed an unlawful assembly with common
intention to cause grievous hurt to the defacto complainant
on account of previous enmity and in furtherance of the said
intention, they attacked the defacto complainant with deadly
weapons and inflicted grievous injuries. It is alleged that
accused No.1 and the applicants beat the defacto
complainant with iron rods and caused injuries on his right
elbow. When the defacto complainant fell down, accused
Nos. 6 and 7 stamped and manhandled him. It is further
alleged that the accused No.1 beat the defacto complainant's
friend Hussain above his left ear with a punching bangle and
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the accused Nos. 4 and 5 fisted him on his face and nose
and thereby committed the offences.
4. I have heard Sri. P.M. Ziraj, the learned
counsel for the applicants, Sri. Abhijith Sreekumar, the
learned counsel for the defacto complainant 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. I went through the FIS. It would show that
when the defacto complainant saw the applicants beating
one Hussain, he intervened and prevented them. Infuriated
by the same, the accused No.1 with an iron pipe gave a blow
on the head of the defacto complainant and he sustained
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injury on the head. Thereafter, the applicants with another
iron pipe hit on the hand of the defacto complainant. The
wound certificate would show that the defacto complainant
has sustained lacerated wound on the forehead which
corresponds to the blow given by the accused No.1. He has
sustained only multiple abrasions on the right elbow and
right ankle in the blow given by the applicants. Thus, the
injuries sustained by the defacto complainant consequent to
the blow given by them is minor in nature. The applicants
have no 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 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
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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 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
kp
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APPENDIX OF BAIL APPL. NO. 142 OF 2026
PETITIONER ANNEXURES
Annexure 1. TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NUMBER 2764 OF 2025
OF KOTTARAKARA POLICE STATION, KOLLAM
DISTRICT
Annexure 2. TRUE COPY OF THE ORDER ON THE FILE OF
THE PRINCIPAL SESSIONS COURT KOLLAM
DATED 30.12.2025 IN CRIMINAL MC
NUMBER 3384 OF 2025
