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Kerala High Court
Shafi Muhammed vs State Of Kerala on 31 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:28871
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 31ST DAY OF MARCH 2026 / 10TH CHAITHRA, 1948
BAIL APPL. NO. 1743 OF 2026
CRIME NO.96/2026 OF CHERPU POLICE STATION, THRISSUR
PETITIONER/2ND ACCUSED:
SHAFI MUHAMMED
AGED 36 YEARS
S/O. MUHAMMED, AMBALATHU VEETTIL, VADANAPPILLY P.O.,
THRISSUR, PIN - 680614
BY ADV SRI.SHABU SREEDHARAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
SRI.M.C. ASHI, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.1743 of 2026
-2-
2026:KER:28871
ORDER
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.96/2026 of Cherpu Police Station, Thrissur District. The
offences alleged are punishable under Sections 126(2), 115(2),
117(2), 296(b), 351(2) and 74 r/w 3(5) of the Bharatiya Nyaya
Sanhita, 2023 (for short, the BNS).
3. The prosecution case, in short, is as follows: During
the settlement talk on 23.1.2026 at the house of one
Vijayalakshmi, the daughter of Smt. Asha who is the State
President of Human Rights Justice Vigilance Forum, in
connection with the marital disputes between Rimshad and his
wife Shabna, the applicant and other accused wrongfully
restrained the defacto complainant and her brother Ashif. The
accused No.1 used abusive language upon the de facto
complainant and beat on her shoulder. When Ashif interfered,
the accused No.3 and the applicant beat and kicked him
resulting in injuries on his head, neck and eyes and also
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fracture on the middle finger of his right hand. Accused No.1
touched on the chest of the de facto complainant and thereby
outraged her modesty. The applicant threatened the defacto
complainant and her relatives by saying that they would be
finished later and thereby committed the offences.
4. I have heard Sri.Shabu Sreedharan, 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 the cousin of the victim's husband.
Admittedly, disputes exist between the victim, her husband and
her in-laws. The victim was living separately from her husband
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and his relatives. The State President of Human Rights Justice
Vigilance Forum intervened in the matter and a mediation talk
was held on the date of the incident at her residence. During
the mediation, the victim, the applicant and other relatives
were present. A reading of the FI Statement would show that,
during the mediation talk, there occurred altercation between
the victim, applicant and other relatives and there was pushing
and pulling. The allegation against the applicant is that he along
with accused No.3. beat and hit the brother of the de facto
complainant resulting in injuries on his head, neck and eyes. He
further alleged that the applicant threatened the de facto
complainant and her relatives by saying that they would be
finished later. However, none of the accused including the
applicant used any weapon. The only non-bailable offence
alleged is under Section 74 of the BNS. There is no allegation
against the applicant to attract the offence under Section 74 of
the BNS. Even though the applicant has strong criminal
antecedents, considering the fact that the ingredients of the
offence under Section 74 of the BNS are not attracted against
him, I am of the view that the custodial interrogation of the
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applicant is not necessary. 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.
(iv) The applicant shall not commit any offence of a like
nature while on bail.
(v) The applicant shall not attempt to contact any of the
prosecution witnesses, directly or through any other person, or
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in any other way try to tamper with the evidence or influence
any witnesses or other persons related to the investigation.
(vi) The applicant 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
SKP
2026:KER:28871
APPENDIX OF BAIL APPL. NO. 1743 OF 2026
PETITIONERS' ANNEXURES:
Annexure-1 THE TRUE COPY OF THE FIR WITH THE FIS IN
CRIME NO. 96/2026 OF CHERPU POLICE STATION
DATED 26.1.2026
Annexure-2 THE TRUE COPY OF THE ORDER OF THE 4TH ADDL.
SESSIONS COURT, THRISSUR IN BA NO. 248/2026
DATED 6.2.2026
Annexure-3 THE TRUE COPY OF THE ORDER OF THE 1ST ADDL.
SESSIONS COURT, THRISSUR IN BA NO. 248/2026
DATED 18.2.2026
Annexure-4 THE TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN BA NO. 1126/2026 DATED 13.3.2026
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
