Kerala High Court
Sabari vs State Of Kerala on 17 October, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:77351
B.A.No.12286 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
BAIL APPL. NO. 12286 OF 2025
CRIME NO.993/2025 OF Mannarkkad Police Station, Palakkad
AGAINST THE ORDER DATED 17.09.2025 IN CMP NO.3165 OF
2025 OF JUDICIAL MAGISTRATE OF FIRST CLASS , MANNARKAD
PETITIONER/ACCUSED NO.2:
SABARI,
AGED 34 YEARS,
POOLAKKAL HOUSE, BOOTHENKODE,
MUCHEERI, KONGAD, PALAKKAD, PIN - 678631
BY ADVS.
SHRI.M.H.HANIS
SMT.T.N.LEKSHMI SHANKAR
SMT.NANCY MOL P.
SHRI.ANANDHU P.C.
SMT.NEETHU.G.NADH
SMT.RIA ELIZABETH T.J.
SHRI.SAHAD M. HANIS
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI, PIN - 682031
BY ADV.
SRI.G.SUDHEER, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:77351
B.A.No.12286 of 2025
2
K.BABU, J.
-------------------------------------------
B.A. No.12286 of 2025
---------------------------------------------
Dated this the 17th day of October, 2025
ORDER
This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. The petitioner is accused No.2 in Crime No.993/2025 of Mannarghat Police Station. The offences alleged against the petitioner and other accused are punishable under Sections 127(7), 118(1), 140(2), 110, 111(2)(b) and 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').
3. The prosecution case as discernible from Annexure-A2 order passed by the learned Magistrate in CMP No.3165 of 2025, reads thus:
"2. Prosecution case in brief is as follows:- On 03.09.2025 at 12.00 pm accused no.1 to 6 in furtherance of their common intention had abducted the complainant for procuring presence of complainant's relative one Shahul. They abducted him at a place near a school ground at Thrikkallur, and took him to a room at Sreekrishnapuram and confined him wrongfully in that room till 6.00 am on 04.09.2025. The complainant refused to give information about Shahul which resulted in animosity of accused persons to him and first accused hit thecomplainant on his left eye and stamped on his stomach, chest and neck and hit on his back using elbow and threatened to kill him by showing knife. He brandished a knife to complainant's neck, which was evaded by him using hand which resulted in causing injury to his left shoulder and hands, which would have resulted in causing injury to his neck and would have resulted in his death also 2025:KER:77351 B.A.No.12286 of 2025 3 if he had not evaded it. Thus the accused is alleged to have committed offence punishable under Sections 127(7), 118(1),140(2),110,111(2)(b) 3(5) BNS. [sic]"
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that accused No.4 in this case was released on bail by this Court.
6. The petitioner was arrested on 05.09.2025 and he has been in judicial custody since then.
7. The learned Public Prosecutor opposed the bail plea of the petitioner on the ground that the petitioner is not on the same footing as that of accused No.4. The learned Public Prosecutor further submitted that the petitioner is accused in 11 crimes. The learned Public Prosecutor seriously opposed granting of bail to the petitioner highlighting the fact that he has criminal antecedents.
8. I have gone through the Case Diary.
9. The petitoner is the accused in the following cases:-
1) Kongad PS Cr.No.46/2020 u/s 420 IPC.
2) Kongad PS Cr.No.482/2025 u/s 394, 395 IPC.3) Kongad PS Cr.No.497/2020 u/s 294(b), 506
2025:KER:77351 B.A.No.12286 of 2025 4 IPC, 120(o) KP Act.
4) Kongad PS Cr.No. 22/22 u/s 363, 354(A)(1)(i) (D) Add. 8 r/w 7, 12 II(iv) POCSO.
5) Kongad PS Cr.No.46/2022 u/s 143, 147, 148, 341, 324, 308, 427 r/w 149.
6) Kongad PS Cr.No. 294/2025 u/s 420 IPC.
7) Kongad PS Cr.No. 842/2025 u/s 420 IPC.
8) Town North PS Cr.No. 1216/2020 u/s 447, 435, 436 r/w 34 IPC.
9) Nattukal PS Cr.No. 405/2025 u/s 395 IPC. 10) Mankara PS Cr.No.793/2025 u/s 394, 395 IPC.
11) Thamilnadu Palladam PS Cr.No.674/2025 u/s 20(b)(ii) A of NDPS Act.
10. Having regard to the antecedents of the petitioner and the nature of the allegations levelled against him, I feel that the petitioner is not entitled to be released on bail.
In the result, the Bail Application stands dismissed.
Sd/-
K.BABU JUDGE VPK 2025:KER:77351 B.A.No.12286 of 2025 5 APPENDIX OF BAIL APPL. 12286/2025 PETITIONER ANNEXURES Annexure A A TRUE COPY OF THE SAID ORDER DATED 17.09.2025 IN CRL.M.P.NO. 3165/2025 OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT AT MANNARKKAD