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2025 Supreme(Online)(Ker) 53803

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MUHAMMED SHAFEEK – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13750 OF 2025 | CRIME NO.1194/2025



Advocates:
For the Appellants/Petitioners: SRI.SUMAN CHAKRAVARTHY, SMT.K.R.RIJA, SMT.BREJITHA UNNIKRISHNAN, SMT.SURYA R., SHRI.SUDEESH K.E., SHRI.PRAHLADH S.P.
For the Respondents: SMT.M.K.PUSHPALATHA, SR PP

Pre-arrest bail is granted considering the absence of serious injuries and the relationship of the parties involved.

Headnote:The application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks pre-arrest bail for the accused in Crime No.1194/2025. The prosecution alleges unlawful assembly and physical assault against the defacto complainant. The court determined that the applicants, being relatives with no prior criminal history, do not require custodial interrogation and indeed deserve bail. The main issue concerns the necessity of pre-arrest bail under the applicable legal framework. Given the circumstances, the court found that bail should be granted subject to certain conditions as outlined. The application is allowed on specified terms.

Table of Content
1. application for pre-arrest bail (Para 1)
2. facts of unlawful assembly and assault (Para 2)
3. court's considerations for bail (Para 4 , 5 , 6)

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking pre-

arrest bail.

2. The applicants are the accused Nos. 1 and 4 in Crime No.1194/2025 of Poonthura Police Station, Thiruvananthapuram. The offences alleged are punishable under Sections 333 , 126(2), 296(b), 115(2), 118(1),74 and 76 r/w Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’)

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

29.08.2025 at about 8.30 p.m., accused Nos. 1 to 6 formed themselves into an unlawful assembly and trespassed into the residence of the defacto complainant, situated in Muttathara Village, and the 1st applicant uttered obscene words against the defacto complainant and assaulted her and her husband. It is alleged that the 1st applicant kicked on the stomach of the defacto complainant, fisted on her right hand and kicked her on her left leg and pushed her down. On hearing the commotion, when the husband of the defacto complainant reached there, accused Nos. 2 and 3 caught hold of his neck and 2nd applicant (accused No.4) and accused No.5 twisted both his hands. Thereafter, the accused No.6 fisted on the chest of the husband of the defacto complainant, kicked on his abdomen and the 1st applicant wielded an iron rod towards his head and when he evaded the attack, the iron rod hit below his left eye and left hand, causing injuries. Thereafter, accused Nos.1 to 6 fisted the husband of the defacto complainant all over his person and the 1st applicant tore the nighty worn by the defacto complainant.

4. I have heard Sri.Suman Chakravarthy, the learned counsel for the applicants and Smt. M.K. Pushpalatha, 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 present case. 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 1st applicant is the son-in-law of the defacto complainant and the 2nd applicant is the friend of the 1st applicant. I have gone through the FIS. There are no allegations to attract the ingredients of Section 74 of the BNS. Insofar as the allegations under Section 118 (1) of the BNS are concerned, no serious injury has been sustained by the defacto complainant or her husband. The wound certificate shows only a contusion. The parties are closely related. The applicants have no criminal antecedents. Considering the allegations levelled against the applicants, their custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-

arrest bail can be granted 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 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

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