Muhammed Shahil vs State Of Kerala
2026 Latest Caselaw 890 Ker

Citation : 2026 Latest Caselaw 890 Ker
Judgement Date : 29 January, 2026

[Cites 1, Cited by 0]

Kerala High Court

Muhammed Shahil vs State Of Kerala on 29 January, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                             2026:KER:7397


               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. 14613 OF 2025

        CRIME NO.909/2025 OF PAYYOLI POLICE STATION, KOZHIKODE

PETITIONER/ACCUSED NO.2:

            MUHAMMED SHAHIL
            AGED 18 YEARS, S/O.SOUKATH,
            KALARIKETTIYA PARAMBATH HOUSE, PONMERI POST
            VILLIAPPALLY, KOZHIKODE, PIN - 673542

            BY ADVS.
            SHRI.M.P.PRIYESHKUMAR
            SHRI.MUHAMMAD ALI E.K.
            SMT.DIVYA T.P.




RESPONDENTS/STATE AND COMPLAINANT:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR
            HIGH COURT OF KERALA, ERNAKULAM,
            PIN - 682031

    2       THE STATION HOUSE OFFICER
            PAYYOLI POLICE STATION, KOZHIKODE DISTRICT,
            PIN - 673522

            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. 14613 OF 2025
                                        2
                                                              2026:KER:7397


                                  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 applicant is the accused No.2 in

Crime No.909/2025 of Payyoli Police Station, Kozhikode

District. The offences alleged are punishable under

Sections 126(2), 115(2) and 118(1) read with Section 3(5)

of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the

Kerala Prohibition of Ragging Act.

3. The prosecution case, in short, is that on

14.10.2025 at about 11.15 a.m., the accused persons, who

are senior students in MHES College, Cherandathoor,

wrongly restrained the de facto complainant, who is a first

year B.Com student and attacked him. The accused No.1

pushed his head against a nearby glass wall, thereby

breaking the glass and causing injury to the de facto

complainant. Hence, the accused committed the above-

said offences.

BAIL APPL. NO. 14613 OF 2025

2026:KER:7397

4. I have heard Sri. Priyesh Kumar M.P., the

learned counsel for the applicant and Sri. M.C.Ashi, 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 is an 18 year old second

year degree student. He does not have any criminal

antecedents. There is no serious allegation against the

applicant. The main allegation is against the accused No.1.

Admittedly, the applicant did not use any weapon. The

accused No.1 has already been arrested and released on

bail. Considering the allegations made against the BAIL APPL. NO. 14613 OF 2025

2026:KER:7397

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

before the investigating officer as and when required.