Kerala High Court
Jaisal Muhammed K vs State Of Kerala on 19 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 14644 of 2025
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2026:KER:4376
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
BAIL APPL. NO. 14644 OF 2025
CRIME NO.358/2025 OF KODENCHERY POLICE STATION, KOZHIKODE
PETITIONER/ACCUSED NO.2:
JAISAL MUHAMMED K
AGED 22 YEARS, S/O MOHAMMED K P,
KAREETHODUKAYIL , MANNILKADAVU,
AVILORA, P.O, KIZHAKKOTH,
KOZHIKODU, PIN - 673572
BY ADVS.
KUM.GAYATHRI MURALEEDHARAN
SMT.ARCHANA B.
SHRI.MUSAMIL HUVAIS C.K.
SMT.SRUTHILAKSHMI SHAJI
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SRI. M.C.ASHI(SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 14644 of 2025
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2026:KER:4376
ORDER
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.
2. The applicant is the accused No.2 in Crime No.358/2025 of Kodenchery Police Station, Kozhikode District. The offences alleged are punishable under Sections 111(1) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS') and Section 66D of the Information Technology Act, 2000.
3. The prosecution case, in short, is that while conducting patrolling on 24.05.2025 at 3:30 p.m, the police patrolling party found the accused No.1 in suspicious circumstances along with 8 ATM cards and an amount of ₹ 25,000/-. On further probe, it was found that the ATM cards belonged to accused Nos. 3 to 10. On verification of the account number of the accused No.3 in Cyber Crime Portal, it was realised that a complaint has been registered against her B.A.No. 14644 of 2025 ..3..
2026:KER:4376 account in the State of Karnataka and also in the State of Telangana. Similarly, on verification of the account details of the accused No.4 in the Cyber Crime Portal, it was realised that two complaints are received against accused Nos. 3 to 10 in the State of Maharashtra and one complaint each has been received in the State of Telangana and Karnataka. Similarly, two complaints are found filed against the account of the accused No.7 in Andhra Pradesh, and one complaint is filed in Haryana. As far as the accused No. 6 is concerned, two complaints are pending in Telangana. It is also reported that the accused Nos. 3, 5, 6 and 8 have withdrawn their amounts from their bank accounts immediately on transfer of the accounts to them and thereby committed the offences.
4. I have heard Smt.Gayathri Muraleedharan, the learned counsel for the applicant and Sri.M.C.Ashi, 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 B.A.No. 14644 of 2025 ..4..
2026:KER:4376 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.
6. The applicant has been implicated based on the statement of accused No.1 that ATM Cards were handed over by the applicant. Accused No.1 was granted regular bail on his production before the Magistrate. Accused Nos. 3 to 10 were already granted anticipatory bail by the Sessions Court, Kozhikode holding that the ingredients of Section 111(1) of BNS are prima-facie not attracted against them. The learned counsel for the applicant submitted that as against the applicant also, the offence under Section 111(1) of BNS is not attracted at all inasmuch as there is nothing on record to show that more than one charge sheet has been filed before a B.A.No. 14644 of 2025 ..5..
2026:KER:4376 competent court within the preceding period of ten years and that such court has taken cognizance of the said offence against the applicant or any other accused. In support of her argument, the learned counsel placed reliance on the decision of this Court in Muhammad Rasheed v. State of Kerala [2024 KLT OnLine 2089]. It was held that to attract an offence under Section 111 (1) of the BNS it is imperative that a group of two or more persons indulge in any continuing unlawful activity prohibited by law, which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence. The prosecution has no case that more than one charge-sheet has been filed before a competent court against the applicant within the preceding period of ten years. Insofar as Section B.A.No. 14644 of 2025 ..6..
2026:KER:4376 318(4) of the BNS is concerned, there is no allegation of any inducement on the part of the applicant. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.
In the result, the application is allowed on the following conditions:-
(i) The applicant shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.
(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday B.A.No. 14644 of 2025 ..7..
2026:KER:4376 until further orders. He shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) 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.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
Sd/-
DR. KAUSER EDAPPAGATH, JUDGE APA B.A.No. 14644 of 2025 ..8..
2026:KER:4376 APPENDIX OF BAIL APPL. NO. 14644 OF 2025 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE FIR REGISTERED ON 28.06.2025 IN CRIME NO: 0358/2025 OF KODENCHERY POLICE STATION ANNEXURE A2 THE TRUE COPY OF THE ORDER DATED 31.07.2025 IN CRL.M.C. NO.1042/2025 OF COURT OF SESSION , KOZHIKODE ANNEXURE A3 THE TRUE COPY OF THE INVITATION CARD DATED NIL ANNEXURE.A3(a) THE TRUE COPY OF THE RECEIPT ISSUED BY THE AUDITORIUM DATED 13.09.2025 ANNEXURE A4 THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 13.08.2024 MUHAMMAD RASHEED V. STATE OF KERALA 2024 3 CRIMES (HC) 393, 2024 (5) KHC 417