Kerala High Court
Xxxxxx vs State Of Kerala on 16 October, 2025
2025:KER:76395
Crl.M.C.No.8031/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 16TH DAY OF OCTOBER 2025 / 24TH ASWINA, 1947
CRL.MC NO. 8031 OF 2025
CRIME NO.289/2024 OF NADAPURAM POLICE STATION, KOZHIKODE
IN CC NO.199 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
NADAPURAM
PETITIONER/VICTIM:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS.
SRI.RENJITH B.MARAR
SMT.LAKSHMI.N.KAIMAL
SRI.P.RAJKUMAR
SRI.KESHAVRAJ NAIR
SHRI.BIJU VIGNESWAR
SHRI.ARUN POOMULLI
SMT.MEERA JOPPAN
SHRI.ABHIRAM.S.
SMT.GAADHA SURESH
SRI.T.K.BABU
SHRI.VISWANATH JAYAN
SMT.AKHILA RADHAKRISHNAN
SHRI.AKSHAY SHIBU
RESPONDENT/STATE & ACCUSED:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA ERNAKULAM, PIN - 682031
2 MOHAMMED SHAFEEK, S/O. MAMMOTTY, EENTHULLATHIL HOUSE,
VISNUMANGALAM P. O, KALLACHI, NADAPURAM VATAKARA TALUK,
KOZHIKODE, PIN - 673506
2025:KER:76395
Crl.M.C.No.8031/2025
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BY ADVS.
SRI.AADITHYAN S.MANNALI
SHRI.ABDURAHIMAN VAYALIL PEEDIKAYIL
SHRI.NEERAJ REHMAN
SRI SUDHEER.G, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.10.2025, THE COURT ON 16.10.2025 PASSED THE FOLLOWING:
2025:KER:76395
Crl.M.C.No.8031/2025
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ORDER
Annexure-A7 order, granting bail to the accused in C.C No.199/2025 by the Judicial First Class Magistrate, Nadapuram, is under challenge in this petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the de facto complainant in the said case.
2. The second respondent/accused faces criminal prosecution for the commission of offences under Section 354D I.P.C and Section 67 of the Information Technology Act. The prosecution case is that on 18.04.2024, the accused/second respondent circulated morphed obscene videos of the petitioner, who is the Vice President of a Grama Panchayat, and thereby outraged her modesty.
3. As per order dated 08.10.2024 in Crl.M.C No.1793/2024, the Sessions Court, Kozhikode granted pre-arrest bail to the second respondent subject to strict conditions. The petitioner challenged the aforesaid bail order in Crl.M.C No.8874/2024 before this Court. According to the petitioner, pre-arrest bail was granted to the second respondent without hearing her. It was further stated that the second respondent moved the application for pre-arrest bail suppressing the fact that he was abroad at the time of filing that application. During the 2025:KER:76395 Crl.M.C.No.8031/2025 -:4:- course of hearing in that matter, it was brought to the notice of this Court that an application for cancellation of the anticipatory bail granted to the second respondent, had already been preferred by the prosecution before the learned Magistrate stating the reason that the second respondent had indulged in two crimes in violation of the bail conditions. Taking note of the above development, Crl.M.C No.8874/2024 was disposed of by this Court on 20.02.2025 with the direction to the Trial Court to pass appropriate orders on the application filed by the prosecution for cancellation of bail, within a period of three weeks. The petitioner was also permitted to get impleaded in that application. Accordingly, the learned Magistrate considered the application filed by the prosecution for cancellation of bail and passed a detailed order on 23.04.2025 cancelling the bail granted to the second respondent for the violation of bail conditions by getting involved in two subsequent crimes against the petitioner herein. The second respondent was accordingly directed to surrender before the learned Magistrate. Challenging the aforesaid order of the learned Magistrate, the second respondent preferred Crl.R.P No.18/2025 before the Sessions Court, Kozhikode and obtained an interim stay on 09.05.2025. It is thereafter that the second 2025:KER:76395 Crl.M.C.No.8031/2025 -:5:- respondent surrendered before the learned Magistrate on 10.07.2025 and got released on bail under the strength of the interim stay order obtained from the Sessions Court, Kozhikode. However, the aforesaid Crl.R.P, which the second respondent had filed before the Sessions Court, Kozhikode, was withdrawn on 11.07.2025. It is under the aforesaid circumstances that the petitioner seeks the cancellation of the bail granted by the learned Magistrate to the second respondent on 10.07.2025.
4. Heard the learned counsel for the petitioner, the learned counsel for the second respondent, and the learned Public Prosecutor representing the State of Kerala.
5. It is the case of the petitioner that the second respondent has been persistently humiliating her by continuously depicting her in bad light in social media and also by resorting to criminal intimidation and verbal abuses. Crime No.810/2024 and Crime No.25/2025 were registered against the second respondent in connection with such criminal acts allegedly committed by him in violation of the bail condition in Crime No.289/2024 of Nadapuram Police Station. It is the case of the petitioner that the second respondent moved for pre-arrest bail in Crime 2025:KER:76395 Crl.M.C.No.8031/2025 -:6:- No.289/2024 by suppressing the fact that he was abroad at the time of filing that bail application. The above challenge raised by the petitioner against the pre-arrest bail granted to the second respondent was not considered by this Court while dealing with Crl.M.C No.8874/2024 filed by the petitioner due to the reason that an application moved by the prosecution for the cancellation of bail in Crime No.289/2024 was pending consideration of the learned Magistrate. It could be seen from the order passed by the Judicial First Class Magistrate -I, Nadapuram in C.M.P No.7067(a)/2024 in C.C No.199/2025 that the learned Magistrate, after dealing with all the relevant aspects of the case, found that the second respondent violated the bail conditions by getting involved in two crimes against the petitioner herein. Accordingly, the bail of the second respondent was cancelled by the learned Magistrate, and he was directed to surrender before that Court. It is at that stage that the second respondent approached the Sessions Court, Kozhikode by filing Crl.R.P No.18/2025 and got the bail cancellation order of the learned Magistrate stayed. After getting a stay order on 09.05.2025, the second respondent surrendered before the learned Magistrate and ensured his release on bail in Crime No.289/2024, the case in which his bail was cancelled by 2025:KER:76395 Crl.M.C.No.8031/2025 -:7:- the Magistrate for violation of the bail conditions imposed by the Sessions Court. It is pertinent to note that, after availing bail from the learned Magistrate on 10.07.2025, under the protective cover of the interim stay order in Crl.R.P No.18/2025 on the files of the Sessions Court, Kozhikode, the second respondent made the representation before the Sessions Court, Kozhikode in that Criminal Revision Petition on 11.07.2025 that the said petition is not pressed. Accordingly, the learned Sessions Judge dismissed that Criminal Revision Petition as not pressed on 11.07.2025, the day succeeding the day when the second respondent obtained bail from the Judicial First Class Magistrate Court under the cover of the interim stay obtained in that Criminal Revision Petition. The aforesaid act of the second respondent is obviously a cat and mouse game which he played by abusing the process of court. It is to be noted that if the learned Sessions Judge had the occasion to deal with the Criminal Revision Petition filed by the second respondent and to arrive at a finding that the bail cancellation order of the learned Magistrate required no interference, then definitely the second respondent would have been put to the risk of being detained in custody. By resorting to the withdrawal of the above Criminal Revision Petition, the second 2025:KER:76395 Crl.M.C.No.8031/2025 -:8:- respondent had tactfully avoided the situation of the Sessions Court rendering a verdict against him in the bail cancellation matter. At the same time, the second respondent also managed to get bail from the learned Magistrate taking advantage of the interim stay order from the Sessions Court, notwithstanding the fact that the same Magistrate had cancelled his bail in that case. The aforesaid conduct of the second respondent misusing the process of law has to be deprecated. As it is seen that the second respondent has resorted to the twisted way of manipulating the procedures and thereby stultifying the orders of the Court, it is highly necessary to set aside the order of bail dated 10.07.2025 of the learned Magistrate, which was passed while the criminal revision petition before the Sessions Court, Kozhikode, and the interim stay granted by the said Court were pending. Though this is not a case warranting the detention of the second respondent in custody throughout the period of trial, the learned Magistrate has to seriously consider imposing appropriate conditions to keep the second respondent away from the place where the petitioner resides, so that she would be able to give evidence in that case without fear or compulsion.
2025:KER:76395 Crl.M.C.No.8031/2025 -:9:- In the result, the petition stands allowed as follows:-
(i) The order of the Judicial First Class Magistrate Court-I, Nadapuram, dated 10.07.2025 in Crime No.289/2024 in C.C.No.199/2025 granting bail to the second respondent (accused in that case), is hereby set aside.
(ii) The second respondent is directed to surrender before the Judicial First Class Magistrate Court-I, Nadapuram, within a period of 15 days from today.
(iii) Upon such surrender, the learned Magistrate shall consider the bail application of the second respondent afresh, and pass orders by imposing appropriate conditions to keep the second respondent away from the place where the petitioner/de facto complainant resides, so as to ensure a fair trial in C.C.No.199/2025 of that Court.
(iv) In the event of the failure of the second respondent to surrender before the learned Magistrate in compliance with the aforesaid direction, the learned Magistrate shall issue a non-bailable warrant against him and detain him to custody.
(v) In case of detention of the second respondent to custody for his failure to surrender in compliance with the aforesaid 2025:KER:76395 Crl.M.C.No.8031/2025 -:10:- direction, it is for the learned Magistrate to decide whether the subsequent bail applications, if any, filed by the second respondent are to be allowed or not.
(Sd/-) G. GIRISH, JUDGE jsr/DST 2025:KER:76395 Crl.M.C.No.8031/2025 -:11:- APPENDIX PETITIONER ANNEXURES ANNEXURE A2 TRUE COPY OF THE ORDER DATED 08.10.2024 IN CRL. M. C. NO. 1793/2024 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE.
ANNEXURE A3 TRUE COPY OF ORDER DATED 20.02.2025 IN CRL.
M. C. NO. 8874/2024 PASSED BY THIS HON'BLE COURT.
ANNEXURE A4 TRUE COPY OF THE ORDER DATED 23.04.2025 IN CMP. NO. 7067(A) IN C. C. NO. 199/2025 PASSED BY HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, NADAPURAM.
ANNEXURE A5 TRUE COPY OF THE ORDER DATED 09.05.2025 IN C.M.P. NO. 957/2025 IN CRL. R. P. NO. 18/2025 PASSED BY THE HON'BLE SESSIONS COURT, KOZHIKODE.
ANNEXURE A6 TRUE COPY OF THE BAIL APPLICATION DATED 10.07.2025 PREFERRED BY THE 2ND RESPONDENT AS C.M.P. NO. 2184/2025 BEFORE THE JUDICIAL FIRST-CLASS MAGISTRATE COURT, NADAPURAM.
ANNEXURE A7 TRUE COPY OF THE ORDER DATED 10.07.2025 IN C.M.P. NO. 2184/2025 PASSED BY THE JUDICIAL FIRST-CLASS MAGISTRATE COURT, NADAPURAM.