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2026 Supreme(Online)(Ker) 8898

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
YAHIYA P K – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 572 OF 2026 | CRIME NO.790/2025



Advocates:
For the Appellants/Petitioners: SMT. T.H.RAIHANATH
For the Respondents: SRI.M.C. ASHI, SR. PP

The court granted bail based on insufficient evidence connecting the accused to the crime and lack of criminal history.

Headnote:This application is barred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. The applicants are accused of robbery, having allegedly snatched away a substantial amount. The court found no connection between the applicants and the crime, noting their lack of criminal antecedents and the ongoing investigation. It determined the question of entitlement to bail in light of alleged wrongful implication. The applicants are eligible for bail with specific conditions imposed at the conclusion of the ruling.

Table of Content
1. application for bail under specified legal provisions. (Para 1 , 2)
2. arguments regarding innocence and connection to the crime. (Para 4 , 5)

O R D E R

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.3 and 4 in Crime No.790/2025 of Nadakkavu Police Station, Kozhikode District. The offence alleged is punishable under Section 310 (2) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that on 05.11.2025 at 20.45 hours, the applicants, along with other accused persons, by using criminal force, snatched away Rs.2,50,000/- from the defacto complainant and thereby committed robbery.

4. I have heard Smt.T.H.Raihanath, the learned counsel for the applicants and Sri.M.C.Ashi, 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 bail. On the other hand, the learned Senior 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 13.01.2026 and 14.01.2026 respectively. The investigation is almost over. Accused Nos.1 and 2 were already granted bail. The applicants have no criminal antecedents. 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.

(ii) The applicants shall fully co-operate with the investigation.

(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 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.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) 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 NP APPENDIX OF BAIL APPL. NO. 572 OF 2026 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF ORDER DATED 23.01.2026 IN CMP 1 OF 2026 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT IV, KOZHIKODE Annexure A2 THE TRUE COPY OF THE ORDER CRIMINAL MISCELLANEOUS CASE NO.1893/2025 IN THE COURT OF SESSION, KOZHIKODE DATED

02.12.2025 Annexure A3 THE TRUE COPY OF THE ORDER CRIMINAL MISCELLANEOUS CASE NO.1892/2025 IN THE COURT OF SESSION, KOZHIKODE DATED

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