IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 28TH DAY OF JULY 2026/6TH SRAVANA, 1948
BAIL APPL. NO. 3949 OF 2026
CRIME NO.306/2026 OF KARIPUR POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED 23.07.2026 IN BAIL APPL. NO.3924 OF 2026 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.12:
MUHAMMED IRFAN A.K
AGED 26 YEARS, S/O SAINUDHEEN,
AZHAKANKANDATHIL HOUSE, THIRUVEGAPPURA P.O, VALANCHERY,
MALAPPURAM DISTRICT, PIN - 676552
BY ADVS.
SRI.SHAHIM BIN AZIZ
SHRI.RAJENDRAN K.
SRI.T.RIYAS
SHRI.K C MOHAMED RASHID
SHRI.ABDUL RAHOOF P.M.
SHRI.MUHAMMED SHAFI K.
SHRI.RAJAH A RAHIM
SMT.FARSANA A.S.
RESPONDENT/STATE & COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
BY ADV.
SMT.ANEEDA BEEGUM, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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.
The applicant is the accused No.12 in Crime No.306/2026 of Karipur Police Station, Malappuram District. The offences alleged are punishable under Sections 310(5), 310(4), 61(2), 111(1)(i) and 111(7) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the accused Nos.1 to 13 hatched a criminal conspiracy to commit dacoity by abducting one Subair, who was coming from abroad, and had arrived at the vicinity of the Calicut Airport at about 10:00 p.m on 07.06.2026 in three vehicles for the purpose of executing their plan to rob him of his gold and cash and thereby committed the aforesaid offences.
I have heard Sri. Shahim Bin Aziz, the learned counsel for the applicant and Smt. Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.
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.
The applicant was remanded to judicial custody on 07.06.2026. 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.
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