Supreme Court - Daily Orders
Noushad vs State Of Kerala on 5 January, 2026
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2026
(@ Special Leave Petition (Crl.) No. 4329/2025)
NOUSHAD ...APPELLANT(S)
VERSUS
STATE OF KERALA & ANR. ….RESPONDENT(S)
O R D E R
Leave granted.
This appeal challenges the order dated 21.03.2025 passed by the High Court of Kerala at Ernakulam in Bail Application No. 1777 of 2025.
Apprehending arrest in connection with the crime registered pursuant to FIR No. 1492 of 2024 dated 16.12.2024 at PS Aranmula, District Pathanamthitta in respect of the offences punishable under Sections 376(2)(j), 376(2)(n), 376(3), 377, 506 of the Indian Penal Code, 1860 [“IPC”, in short] and Sections 75 and Signature Not Verified Digitally signed by NEETU SACHDEVA 77 of Juvenile Justice (Care and Protection of Date: 2026.01.05 16:37:08 IST Reason: Children) Act, 2015, and Sections 4(2), 3(a)(b), 6, 1 5(l)(p)(i), 7, 8, 9(l)(p), 10, 11(v), 12, 16, 17 of the Protection of Children from Sexual Offences Act, 2012, the appellant preferred an application before the High Court seeking anticipatory bail. Said application for anticipatory bail having been rejected by the High Court vide impugned order dated 21.03.2025, the instant appeal has been preferred. Vide order dated 26.03.2025, while issuing notice, this Court granted interim protection in favour of the appellant, subject to the appellant cooperating in the investigation.
We have heard learned senior counsel for the appellant and learned senior counsel appearing for the respondent(s).
Learned senior counsel for the respondent(s)/State submitted that charge sheet has been filed on 18.11.2025 on conclusion of the investigation and summons have been issued to the appellant herein and the appellant has appeared before the Special Court through his counsel. In response to this, learned senior counsel for the appellant submitted that by order dated 26.03.2025, this Court has granted interim protection subject to the appellant cooperating with the investigation. Now, that the charge sheet has been filed, the interim order granted by this Court may be made absolute. 2 In further response to this submission, learned senior counsel for the respondent(s)/State submitted that attempts have been made by the appellant herein to influence the witnesses including the minor victim and hence there is no merit in this appeal.
We have considered the arguments advanced at the Bar and find that this is a case where the appellant is entitled to the relief of anticipatory bail sought by him.
We, therefore, allow this appeal and set aside the impugned order passed by the High Court dated 21.03.2025. We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security in the sum of Rs. 25,000/- (Rupees Twenty- Five Thousand only) with two like sureties. It is directed that the appellant shall extend complete cooperation in the ensuing trial. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record.
In case of a violation of any of the conditions for grant of anticipatory bail, liberty is also reserved to the respondent(s) herein to seek cancellation of the same.
3 With the aforesaid directions, the criminal appeal is allowed.
………………………………………J. [B.V. NAGARATHNA] ….……………………………………J. [UJJAL BHUYAN] NEW DELHI JANUARY 05, 2026 4 ITEM NO.26 COURT NO.4 SECTION II-D S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 4329/2025 [Arising out of impugned final judgment and order dated 21-03-2025 in BA No. 1777/2025 passed by the High Court of Kerala at Ernakulam] NOUSHAD Petitioner(s) VERSUS STATE OF KERALA & ANR. Respondent(s) FOR ADMISSION and I.R. IA No. 73234/2025 - EXEMPTION FROM FILING O.T. Date : 05-01-2026 This matter was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) :Mr. Basant R, Sr. Adv.
Mr. A. Karthik, AOR Ms. Smrithi Suresh, Adv. Mr. Sugam Agrawal, Adv. Ms. Veera Mahuli, Adv. Mr. Aakash Rajeev, Adv. Ms. Nanditha S, Adv.
For Respondent(s) :Mr. Ranjith Kumar, Sr. Adv.
Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv.
Mr. Alim Anvar, Adv.
Mr. Santhosh K, Adv.
Mrs. Devika A.l., Adv.
Mr. H. S. Phoolka, Sr. Adv. Ms. E. R. Sumathy, AOR Ms. Rachna Tyagi, Adv. Ms. Surabhi Katual, Adv. Ms. Taruna Panwar, Adv. Mr. S. Anand, Adv.
Mr. Harsh, Adv.5
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Appeal is allowed in terms of the signed order.
Pending application(s) shall stand disposed of.
(NEETU SACHDEVA) (DIVYA BABBAR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) (signed order is placed on the file) 6