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2026 Supreme(Online)(Ker) 56023

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Dias, J
Jabir C.P. – Appellant
Versus
State of Kerala – Respondent
CRL.MC NO. 7121 OF 2026



Advocates:
For the Appellants/Petitioners: P. Mohamed Sabah, Libin Stanley, Saipooja, Sadik Ismayil, T.I. Safdarshah, R. Gayathri, M. Mahin Hamza, Alwin Joseph, Benson Ambrose, Rayees P.
For the Respondents: Devadas H Mallan

The court permitted the petitioner to file a fresh bail application before the Trial Court following the cancellation of a previous bail order, without commenting on the merits of the proposed application.

Headnote:(A) Bail - Cancellation of Bail - Filing of fresh application - The petitioner is permitted to file a fresh application for bail before the Trial Court notwithstanding the order cancelling the previous bail. (Para 2, 3)

Issues: Whether the petitioner can be permitted to file a fresh bail application after the cancellation of the previous bail order.

CRIME NO.226/2023 OF Kondotty Police Station, Malappuram

AGAINST THE ORDER DATED 23.04.2025 IN CRMP 1/2024 IN SC NO.966 OF 2023 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI

OTHER PRESENT:

PP SRI DEVADAS H MALLAN

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.08.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C.S.DIAS, J.

---------------------------------------------

Crl.M.C. No.7121 of 2026 -----------------------------------------------

Dated this the 20th day of August, 2026

ORDER

The Crl.M.C. is filed challenging Annexure-2 order passed by the Special Court for SC/ST (POA) Act & NDPS Act Cases, Manjeri (‘Trial Court’, for short) cancelling Annexure-1 bail order.

When the Crl.M.C. was taken up for consideration, the learned Counsel for the petitioner submits that the petitioner would be satisfied if this Court directs the Trial Court to consider the fresh application for bail that is proposed to be filed by the petitioner notwithstanding Annexure 2 order.

In light of the above submission, the Crl.M.C. is disposed of ,by permitting the petitioner to file an application for bail before the Trial Court. If such application is filed, the Trial Court is directed to consider and dispose the application in accordance with law. It is made clear that this Court has not expressed anything on the merits of the application proposed to be filed by the petitioner.

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