IN THE HIGH COURT OF KERALA AT ERNAKULAM
2026:KER:57234
BAIL APPL. NO. 3816 OF 2026
CRIME NO.330/2026 OF THRIKKUNNAPPUZHA POLICE STATION, ALAPPUZHA
PETITIONERS/ACCUSED 1 TO 4:
1 MUHAMMED NOUFAL A.S., AGED 29 YEARS S/O.SHANAVAS, VALIYAPARAMBU, PUNNAPRA.P.O, ALAPPUZHA, PIN - 688004
2 SHANAVAS, AGED 52 YEARS S/O.ABDUL KARIM, VALIYAPARAMBU, PUNNAPRA.P.O, ALAPPUZHA., PIN - 688004
3 RUMAILATH, AGED 50 YEARS W/O.SHANAVAS, VALIYAPARAMBU, PUNNAPRA.P.O, ALAPPUZHA, PIN - 688004
4 BEEMA BEEVI SULTANA, AGED 27 YEARS D/O.SHANAVAS, VALIYAPARAMBU, PUNNAPRA P.O, ALAPPUZHA, PIN - 688004
BY ADVS.
SRI.BASIL CHANDY VAVACHAN
SMT.CHARUTHA BHAIJU
SMT.FATHIM NAVAS
SMT.KAVYA RANI JAYAPRAKASH
SMT.LEKSHMI PRIYA V.
SHRI.MUHAMMED SHUHAIB A.S.
SMT.RESHMA SUKUMARAN
SHRI.JOHN PAUL MANJALY
SMT.ASWATHY KRISHNA M.P.
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SRI.V. VINAY, SR. PUBLIC PROSECUTOR
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 29TH DAY OF JULY 2026 / 7TH SRAVANA, 1948
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This application is filed under Section 482 of the Bharatiya Narik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.
2. The applicants are the accused Nos.1 to 4 in Crime No.330/2026 of Thrikkunnappuzha Police Station, Alappuzha District. The offence alleged is punishable under Section 80(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the marriage between the sister of the de facto complainant and the accused No.1 was solemnized on 19.04.2026. The deceased and the accused No.1 thereafter started to live together as husband and wife at the residence of the accused No.1 along with her in-laws. While so, on 28.05.2026 in between 8.45 p.m. and 9.00 p.m., the deceased committed suicide by hanging. It is alleged that she was subjected to harassment, both physical and mental by the accused persons in connection with the gold ornaments received by her at the time of marriage and also blamed about her physical appearance. As a result of this ill treatment, she committed suicide. The accused persons soon before her death subjected her to harassment and that drove her to commit suicide and thereby committed the offences.
4. I have heard Sri.Basil Chandy Vavachan, the learned counsel for the applicants and Sri.Vinay V., 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 above crime. 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. I went through the FIS as well as the statements of the witnesses, who are relatives and friends of the deceased. There is nothing to suggest in those statements that it was at the instigation of the applicants the deceased committed suicide. There is no specific allegation of cruelty demanding dowry also. The applicants have no criminal antecedents. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail 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 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 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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