Kerala High Court
Abdul Rahim vs State Of Kerala on 14 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:51898
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
BAIL APPL. NO. 8269 OF 2025
CRIME NO.376/2025 OF CHAVAKKAD POLICE STATION, THRISSUR
PETITIONER/1ST ACCUSED:
ABDUL RAHIM
AGED 35 YEARS
S/O. ABDUL GAFOOR,
THAZHATHE CHALIL HOUSE,
THIRUVATHRA P.O., CHAVAKKAD,
THRISSUR, PIN - 680516
BY ADV SMT.ANUPAMA SUBRAMANIAN
RESPONDENT/STATE/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV. SREEJA V.,
PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:51898
B.A. No.8269 of 2025
-:2:-
BECHU KURIAN THOMAS, J.
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B.A. No.8269 of 2025
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Dated this the 14th day of July, 2025
ORDER
This is an application seeking pre-arrest bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Petitioner is the first accused in Crime No.376 of 2025 of Chavakkad Police Station, Thrissur District; registered for the offences punishable under Sections 126(2), 131, 115(2), 118(1), 109, 309(4), 309(6), and 351(3) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS'). During the course of investigation, the offence under Section 109 of BNS has been deleted.
3. According to the prosecution, petitioner, along with the other accused, assaulted the defacto complainant and committed theft of the vehicle bearing No.KL-16-K-7515, a Samsung phone apart from an amount of Rs.49,000/-, and thereby committed the offences alleged.
4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
5. Petitioner was involved in another crime as Crime No.321 of 2025 of Pavaratty Police Station, Thrissur, registered at the instance of the wife of the defacto complainant herein. In the said crime, this Court has granted anticipatory bail to the petitioner by an order dated 2025:KER:51898 B.A. No.8269 of 2025 -:3:- 27.06.2025 in B.A. No.5574 of 2025. The present crime is initiated alleging that petitioner had committed the offence of robbery of a vehicle. The allegations in Crime No.321 of 2025 of Pavaratty Police Station and Crime No.376 of 2025 of Chavakkad Police Station are similar.
6. The learned counsel for the petitioner submitted that the defacto complainant in both the crimes, are husband and wife and they are bent upon ensuring that petitioner is kept behind bars. The nature of allegations in the instant case also indicates that the vehicle allegedly stolen by the petitioner belongs to the friend of the defacto complainant. The said owner has no allegation of theft till date. In such circumstances, I am of the view that petitioner's contention seems to be more probable at this juncture. Therefore, he is entitled to be protected with an order of pre-arrest bail.
7. In Sushila Aggarwal and Others v. State (NCT of Delhi) and Another, [2020 (5) SCC 1], it was held that while considering whether to grant anticipatory bail or not, Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case. Grant of anticipatory bail is a matter of discretion and the kind of conditions to be imposed or not to be imposed are all dependent on facts of each case, and subject to the discretion of the court.
8. In Ashok Kumar v. State of Union Territory 2025:KER:51898 B.A. No.8269 of 2025 -:4:- Chandigarh [2024 SCC OnLine SC 274], it has been held that a mere assertion on the part of the State while opposing the plea for anticipatory bail that custodial interrogation is required would not be sufficient and that the State would have to show or indicate more than prima facie case as to why custodial interrogation of the accused is required for the purpose of investigation.
9. In the instant case, the State has not been able to convince this Court that custodial interrogation is necessary. On a consideration of the circumstances arising in the case, this Court is of the view that though the allegations are serious in nature, custodial interrogation of the petitioner is not required. Further, having regard to the nature of the offence and the severity of punishment,this Court is of the view that the petitioner is entitled to be protected by an on pre-arrest bail.
10. Accordingly, this bail application of is allowed on the following conditions.
(a) Petitioner shall appear before the Investigating Officer on 25.07.2025 and shall subject himself to interrogation.
(b) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.
2025:KER:51898 B.A. No.8269 of 2025 -:5:-
(c) Petitioner shall appear before the Investigating Officer as and when required and shall also co- operate with the investigation.
(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(e) Petitioner shall not commit any similar offences while he is on bail.
In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE jka/14.07.25.
2025:KER:51898 B.A. No.8269 of 2025 -:6:- APPENDIX OF BAIL APPL. 8269/2025 PETITIONER'S ANNEXURES Annexure A THE TRUE COPY OF THE FIR IN CRIME NO.
376 OF 2025 REGISTERED BY THE CHAVAKKAD POLICE STATION Annexure B A TRUE COPY OF THE COMPLAINT PREFERRED BEFORE THE SUPERINTENDENT OF POLICE, PALAKKAD ON 26.11.2024 Annexure C A TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED BY THE GOVERNMENT MEDICAL COLLEGE, THRISSUR DATED 27.01.2025