IN THE HIGH COURT OF KERALA AT ERNAKULAM
2026/KER/67094
2026:KER:67094
CNR : KLHC010632652026 B.A.No.4796/2026
BAIL APPL. NO. 4796 OF 2026
CRIME NO.290/2026 OF Badiadukka Police Station, Kasargod
PETITIONER/ACCUSED NO.3: MOHAMMED ASHFAK, AGED 37 YEARS
S/O HASANBBA, R/AT 3-143, ARIKERE 62TH THOKUR,
JOKATTE, VTS, MANGALORE, P.O BAIKAMPADY, DAKSHINA
KANNADA, KARNATAKA, PIN - 575011
RESPONDENT/RESPONDENT: STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV SHRI.P.RAKESH THAMBAN
SRI.VINAY V., SR. PP
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 3RD DAY OF SEPTEMBER 2026 / 12TH BHADRA, 1948
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
APPENDIX OF BAIL APPL. NO. 4796 OF 2026
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE DISMISSAL ORDER IN BA NO.418/2026 DATED 17.08.2026 ON THE FILE OF SESSIONS COURT KASARAGOD
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.09.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail.
2. The applicant is the accused No.3 in Crime No.290/2026 of Badiadukka Police Station, Kasargod District. The offence alleged is punishable under Section 303 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 16.06.2026 at about 1:30 am at Kanyappadi in Neerchal Village, the applicant along with the remaining accused committed theft of two cows of the de facto complainant worth Rs.30,000/- and thereby committed the offence.
4. I have heard Sri. P. Rakesh Thamban, the learned counsel for the applicant and Sri. Vinay V., 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 20.07.2026. 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) One of the sureties shall be from the State of Kerala.
(iii) The applicant shall fully co-operate with the investigation.
(iv) 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.
(v) The applicant shall not commit any offence of a like nature while on bail.
(vi) 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.
(vii) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(viii) 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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