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Kerala High Court
Abdu Nasir vs State Of Kerala on 30 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:7608
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
BAIL APPL. NO. 14639 OF 2025
CRIME NO.816/2025 OF VAZHAKKAD POLICE STATION, MALAPPURAM
AGAINST THE ORDER DATED 12.12.2025 IN CRMC NO.1352 OF 2025
OF DISTRICT COURT& SESSIONS COURT/RENT CONTROL APPELLATE
AUTHORITY, MANJERI
PETITIONERS/ACCUSED NOS.1 TO 4:
1 ABDU NASIR
AGED 40 YEARS
S/O. ASSAIN, THADAYIL HOUSE, VAZHAKKAD, VAZHAKKAD POST,
MALAPPURAM DISTRICT, PIN - 673640
2 HARIS MON
AGED 45 YEARS
S/O. KAMMU, KARUNGOTTU HOUSE, CHERUVATTUR, VAZHAKKAD
POST, MALAPPURAM DISTRICT, PIN - 673640
3 AJMAL K
AGED 38 YEARS
S/O. HASSAIN, KOLAKKATTIL HOUSE, EDAVANNAPARA, CHEEKODE
POST, MALAPPURAM DISTRICT, PIN - 673645
4 NOUSHAD
AGED 41 YEARS
S/O. HUSSAIN, CHERUKULATHIL HOUSE, VETTUPARA, CHEEKODE
POST, MALAPPURAM DISTRICT, PIN - 673645
BY ADV SRI.K.RAKESH
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
B.A.No.14639 of 2025
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2026:KER:7608
2 THE STATION HOUSE OFFICER
VAZHAKKAD POLICE STATION, MALAPPURAM DISTRICT, PIN -
673640
BY ADVS.
SRI.C.K. SURESH, SPL. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.14639 of 2025
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2026:KER:7608
ORDER
This application is filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, BNSS) seeking
regular bail.
2. The applicants are the accused Nos.1 to 4 in Crime
No.816/2025 of Vazhakkad Police Station, Malappuram District.
The offence alleged is punishable under Section 103(1) read
with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 18-10-2025
at or about 9.30 pm, the applicant attacked one Sajeem Ali with
mobile phone causing grievous injuries on his head and the
deceased succumbed to injuries at Medical College Hospital,
Kozhikode and thereby committed the above offence
4. I have heard Sri.K.Rakesh, the learned counsel for
the applicants and Sri.C.K.Suresh, the learned Special 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 present case. The counsel further submitted that no
materials are on record to connect the applicants with the
2026:KER:7608
alleged crime; hence, they are entitled to bail. On the other
hand, the learned Special Public Prosecutor submitted that the
alleged incident occurred as a part of the intentional criminal
acts of the applicants, and they are not entitled to bail at this
stage.
6. The applicants were remanded to judicial custody on
22.10.2025. The investigation is over and the final report has
already been filed. It is seen from the records that the deceased
was a habitual offender and was involved in a series of grave
offences, the details of which have been given in the bail
application. In the incident, the applicant No.1 has sustained
serious injuries. For these reasons, I do not find any reason to
hold that the continued detention of the applicants is required
for any purpose. Hence, the applicants are entitled to be
released on bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicants shall be released on bail 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
jurisdictional Magistrate/Court.
2026:KER:7608
(ii) The applicants shall not commit any offence of a like
nature while on bail.
(iii) 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.
(iv) The applicants shall not leave the State of Kerala
without the permission of the trial Court.
(v) The application, if any, for deletion/modification of
the 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
SKP
2026:KER:7608
APPENDIX OF BAIL APPL. NO. 14639 OF 2025
PETITIONERS' ANNEXURES
Annexure A A TRUE COPY OF THE FIR IN CRIME NO.816/2025
OF THE VAZHAKKAD POLICE STATION DATED 20-
10-2025
Annexure B A TRUE COPY OF THE FIR IN CRIME NO.226/2017
OF THE VAZHAKKAD POLICE STATION DATED 6-11-
Annexure C A TRUE COPY OF THE FIR IN CRIME NO.36/2025
OF THE VAZHAKKAD POLICE STATION DATED 10-1-
Annexure D A TRUE COPY OF THE FIR IN CRIME NO.47/2025
OF THE KONDOTTY POLICE STATION DATED 10-1-
Annexure E A TRUE COPY OF THE FIR IN CRIME NO.71/2022
OF THE VAZHAKKAD POLICE STATION DATED 21-
02-2022
Annexure F A TRUE COPY OF THE EMERGENCY OUT-PATIENT
CARD OF THE 1ST ACCUSED ISSUED FROM MEDICAL
COLLEGE HOSPITAL, CALICUT DATED 18-10-2025
Annexure G A TRUE COPY OF THE REMAND REPORT DATED 23-
10-2025 SUBMITTED BY THE VAZHAKKAD POLICE
Annexure H FREE COPY OF THE ORDER DATED 12-12-2025
PASSED BY THE COURT OF SESSION, MANJERI
DIVISION IN CRL.M.C.NO.1352/2025
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
