Kerala High Court
Mahin Abubacker vs State Of Kerala on 10 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.8139 of 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
BAIL APPL. NO. 8139 OF 2025
CRIME NO.1317/2025 OF Aluva Police Station, Ernakulam
PETITIONERS/ACCUSED:
1 MAHIN ABUBACKER, AGED 33 YEARS
S/O YOUSAF P.M, FLAT 1C, ROYAL CROWN APARTMENT,
KUZHIKKATTUMOOLA, KUSUMAGIRI P.O, KAKKANAD,
PIN - 682030
2 YOUSAF P.M, AGED 62 YEARS
S/O MUHAMMED, , FLAT 1C, ROYAL CROWN APARTMENT,
KUZHIKKATTUMOOLA, KUSUMAGIRI P.O, KAKKANAD,
PIN - 68203
3 P.B NASEERA, AGED 55 YEARS
W/O YOUSAF P.M, ROYAL CROWN APARTMENT FLAT 1C,
KUZHIKKATTUMOOLA, KUSUMAGIRI P.O, KAKKANAD,
PIN - 682030
4 SAJNA P.Y
AGED 31 YEARS
W/O NAVAS, ATHIMANNIL HOUSE, VENGALA P.O,
ARAKKAPPADI, PERUMBAVOOR., PIN - 683551
BY ADVS.
SRI.R.SURAJ KUMAR
SMT.N.G.SINDHU
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RESPONDENTS/STATE/COMPLAINANT/DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
ALUVA POLICE STATION, ERNAKULAM DISTRICT,
PIN - 683101
3 RAEESA PARVEEN
AGED 33 YEARS
W/O MAHIN ABUBACKER, MYNOOTTIL HOUSE,
FERRY ROAD, PULINCHODU, CHOORNIKKARA VILLAGE,
ERNAKULAM, PIN - 683106
BY ADVS.
SMT. SREEJA V., PP
SRI.THOMAS J.ANAKKALLUNKAL
SMT.ANUPA ANNA JOSE KANDOTH
SHRI.JAYARAMAN S.
SMT. DHANYA SUNNY
SMT. ANN MILKA GEORGE
SMT.SHERIN RACHEL SANTHOSH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.8139 of 2025 3
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BECHU KURIAN THOMAS, J.
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B.A.No.8139 of 2025
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Dated this the 10th day of July, 2025
ORDER
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners are accused in Crime No.1317 of 2025 of Aluva Police Station, Ernakulam, registered for the offences punishable under Sections 498A and 34 of the Indian Penal Code, Sections 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Muslim Women (Protection of Rights of Marriage) Act, 2019.
3. According to the prosecution, the marriage between the 1st accused and the de facto complainant was solemnized on 20.12.2015 and the accused harassed the de facto complainant both physically and mentally demanding more dowry and thereby committed the offences alleged.
4. Heard Sri.Suraj Kumarr, the learned Counsel for the petitioners as well as Smt.Sreeja V., the learned Public Prosecutor. B.A.No.8139 of 2025 4
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5. The learned counsel appearing for the petitioners would submit that petitioners are absolutely innocent in the matter and that they are falsely implicated in a crime for justifying a matrimonial dispute.
7. The learned Public Prosecutor, on instructions, submitted that the Police does not require custodial interrogation of the petitioners and that they will issue notice under Sectiion 35(3) of BNSS for the purpose of completing the investigation.
8. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am of the opinion that petitioners can be granted anticipatory bail subject to conditions.
9. In the result, this application is allowed. It is directed that the petitioners shall be released on anticipatory bail, in the event of their arrest in Crime No.1317 of 2025 of Aluva Police Station, Ernakulam, subject to the following conditions:-
(i) Petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum each before the B.A.No.8139 of 2025 5 2025:KER:51463 Investigating Officer.
(ii) Petitioners shall appear before the investigating officer in Crime No.1317 of 2025 of Aluva Police Station, Ernakulam, as and when required.
(iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1317 of 2025 of Aluva Police Station, Ernakulam.
(iv) Petitioners shall not involve in any other crime while he is on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1317 of 2025 of Aluva Police Station, Ernakulam, may file an application before the jurisdictional Court for cancellation of bail.
Sd/-
BECHU KURIAN THOMAS JUDGE sp/11/07/2025 B.A.No.8139 of 2025 6 2025:KER:51463 APPENDIX OF BAIL APPL. 8139/2025 PETITIONER ANNEXURES Annexure A1. TRUE COPY OF THE ORDER DATED 12.06.2025 IN BAIL APPLICATION NO.6629/2025 ON THE FILE OF THIS HON'BLE COURT Annexure A2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1317/2025 OF ALUVA POLICE STATION, ERNAKULAM DISTRICT