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Kerala High Court
Abdul Jibeesh vs State Of Kerala on 29 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7329
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. 14674 OF 2025
CRIME NO.689/2025 OF VITHURA POLICE STATION, THIRUVANANTHAPURAM
PETITIONERS/ACCUSED:
1 ABDUL JIBEESH
AGED 47 YEARS, S/O ABDUL KHADER,
MAMBARAMBATH HOUSE, VEKINTANGU P.O,
THRISSUR, KERALA, PIN - 680510
2 AAMIR ZAMAN,
AGED 18 YEARS, S/O ABDUL JIBEESH,
MAMBARAMBATH HOUSE, VEKINTANGU P.O, THRISSUR,
KERALA, PIN - 680510
BY ADV SHRI. AAMIR SOHRAB M. M.
RESPONDENTS/STATE OF KERALA & DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM DISTRICT,
PIN - 682031
2 ANANDHU ANIL,
AGED 26 YEARS, S/O ANIL KUMAR,
PONNUS BHAVAN, MIDALAM, MARUTHAMALA, VITHURA,
THIRUVANANTHAPURAM, KERALA, PIN - 695551
3 HILAL,
S/O LATE HAMEED, MURSHINGANAKATHU HOUSE,
PURANGA P.O, PONNANI TALUK, MALAPPURAM DISTRICT,
KERALA, PIN - 679584
BAIL APPL. NO. 14674 OF 2025
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4 SHABEELA HILAL,
W/O HILAL, MURSHINGANAKATHU HOUSE, PURANGA P.O,
PONNANI TALUK, MALAPPURAM DISTRICT, KERALA,
PIN - 679584
BY ADV.
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:
BAIL APPL. NO. 14674 OF 2025
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ORDER
Dated this the 29th 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 applicants are the accused in Crime
No.689/2025 of Vidura Police Station, Thiruvananthapuram
District. The offences alleged are punishable under
Sections 318(4) read with 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that the
applicants induced the de facto complainant to part with
Rs.2 lakhs promising that they would provide job visa to
him at Latvia and accordingly, the de facto complainant
gave a total sum of Rs.1,90,000/- to the applicants and
thereafter the applicants cheated him without providing
visa or returned the amount.
4. I have heard Sri. Aamir Sohrab M.M., the
learned counsel for the applicants and Sri. M.C.Ashi, the
learned Senior Public Prosecutor. Perused the case diary.
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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 applicant No.2 is the son of the
applicant No.1. The applicant No.2 is aged 18 years and
he has no criminal antecedents. I went through the FIS.
The main allegation is against the applicant No.1. The
allegation against the applicant No.2 is that as instructed
by the applicant No.1, the de facto complainant transferred
a sum of Rs.75,000/- to his bank account. In these
circumstances, I am of the view that the custodial
interrogation of the applicant No.2 is not necessary and he
can be granted pre-arrest bail. However, specific overt act
BAIL APPL. NO. 14674 OF 2025
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has been alleged against the applicant No.1. Hence, he
cannot be granted pre-arrest bail.
In the result, the application is partly allowed on
the following conditions:-
(i) The applicant No.2 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 No.2 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 No.2 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 No.2 shall not commit any
offence of a like nature while on bail.
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(v) The applicant No.2 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 No.2 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. 14674 OF 2025
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APPENDIX OF BAIL APPL. NO. 14674 OF 2025
PETITIONER ANNEXURES
ANNEXURE I A TRUE COPY OF THE FIR IN CRIME NO. 0689/2025
OF VIDURA POLICE STATION, DATED 15.12.2025
ANNEXURE II A TRUE COPY OF THE COMPLAINT FILED BY
PETITIONER BEFORE THE SUPERINTENDENT OF
POLICE, MALAPPURAM, DATED NIL
ANNEXURE III A TRUE COPY OF THE ACKNOWLEDGMENT OF RECEIPT
OF ANNEXURE-I COMPLAINT, ISSUED BY THE OFFICE
OF THE SUPERINTENDENT OF POLICE, MALAPPURAM,
DATED 24.05.2025
ANNEXURE IV A TRUE COPY OF THE COMPLAINT FILED BY
PETITIONER BEFORE THE HON'BLE CONSULATE OF
THE INDIAN EMBASSY AT LATVIA, DATED NIL
ANNEXURE V A TRUE COPY OF THE CASE RECORD FILE OF
PETITIONER, EVIDENCING DIAGNOSIS OF HIS
DEPRESSION, ISSUED BY A CERTAIN DR. P.N
SURESH KUMAR, DATED 27.05.2025
ANNEXURE VI A TRUE COPY OF A CERTIFICATE ISSUED BY DR.
V.P GANGADHARAN, CONSULTANT MEDICAL &
PAEDIATRIC ONCOLOGIST, INDIRA GANDHI CO-
OPERATIVE HOSPITAL CONFIRMING THAT PETITIONER
NO.2 HAS BEEN DIAGNOSED WITH T-CELL ACUTE
LYMPHOBLASTIC LEUKEMIA, DATED 24.04.2023
