SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 34321

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Muhammed Ashif – Appellant
Versus
State Of Kerala – Respondent
BAIL APPL. NO. 2995 OF 2026



Advocates:
For the Appellants/Petitioners: A. Haroon Rasheed
For the Respondents: K.A. Noushad

The court may grant bail if the investigation is substantially complete, the accused lacks criminal antecedents, and continued detention is not demonstrated to be necessary for the investigation's progress.

Headnote:The petitioner filed an application under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail following his remand in connection with alleged offences under S. 74 and S. 75(2) of the Bharatiya Nyaya Sanhita, 2023, and S. 92(b) of the Rights of Persons with Disabilities Act, 2016. The prosecution alleged that the petitioner, while visiting the complainant's home for repairs, outraged her modesty. The court observed that the investigation was nearing completion and the petitioner had no prior criminal antecedents. The main issue was whether to grant bail given the nature of the allegations versus the stage of investigation and the petitioner's lack of criminal history. The court held that continued detention was not warranted for the purposes of investigation, establishing that bail may be granted even in serious cases if the investigation is advanced and the accused has no history of criminal behavior. The application is allowed with specific conditions regarding bond execution, investigation cooperation, reporting requirements, and witness non-interference.

Table of Content
1. overview of charges and nature of bail application. (Para 1 , 2)
2. arguments presented regarding innocence versus request for continued detention. (Para 4 , 5)
3. basis for bail grant based on investigation status and record. (Para 6)

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 applicant is the sole accused in Crime No.223/2026 of Sreekrishnapuram Police Station, Palakkad District. The offences alleged are punishable under Sections 74 and 75(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 92(b) of the Rights of Persons with Disabilities Act, 2016.

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

09.05.2026 at 18:00 hours, the applicant who came to the house of the de facto complainant, who is visually impaired, to repair the fan, caught hold of the de facto complainant, outraged her modesty and thereby committed the above mentioned offences.

4. I have heard Sri. Haroon Rasheed.A, the learned counsel for the applicant and Sri. K.A.Noushad, 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 present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is 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 applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 11.05.2026. The investigation is almost over. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail 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 jurisdictional Magistrate/Court.

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

(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 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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top