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2026 Supreme(Online)(Ker) 5005

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MUKTHI MUHAMMED ISRA – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 438 OF 2026 | CRIME NO.1032/2025



Advocates:
For the Appellants/Petitioners: SRI.K.R.ARUN KRISHNAN, SRI.E.S.SREELAL, SMT.DEEPA K.RADHAKRISHNAN, SHRI.VISHAK K.V.
For the Respondents: SMT.SREEJA V.

Withdrawal of bail application permissible for subsequent appeal against prior orders.

Headnote:This case involves an application for bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The applicant sought permission to withdraw the bail application, intending to challenge the bail order from the Special Court for SC/ST (POA) Cases. The court granted the withdrawal permission and dismissed the application. The court held that the permissions outlined aligned with legal precedence and procedural fairness, ensuring the applicant's right to appeal the prior decision. Ultimately, the bail application was dismissed as withdrawn.

ORDER

The learned counsel for the applicant submitted that offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act also is involved. Hence, the learned counsel for the applicant seeks permission to withdraw the bail application with liberty to challenge the bail order passed by the Special Court for SC/ST (POA) Act Cases, Thrissur in appeal. Permission is granted.

Accordingly, the bail application is dismissed as withdrawn.

Sd/-

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