Kerala High Court
Abdul Muthalif vs State Of Kerala on 8 April, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.14714/2025
1
2026:KER:30723
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 8TH DAY OF APRIL 2026 / 18TH CHAITHRA, 1948
BAIL APPL. NO. 14714 OF 2025
CRIME NO.1049/2025 OF Kalamassery Police Station, Ernakulam
PETITIONER/ACCUSED:
ABDUL MUTHALIF, AGED 45 YEARS, S/O ABOOBACKER,1128
FLAMINGO,SFS AQUA GRAVE, MUTTOM P O,CHENGAMANAD
VILLAGE,ERNAKULAM DISTRICT, PIN - 683578
BY ADVS. SRI.S.RAJEEV
SRI.V.VINAY, SRI.M.S.ANEER, SHRI.SARATH K.P.,
SHRI.ANILKUMAR C.R., SHRI.K.S.KIRAN KRISHNAN
SMT.DIPA V., SHRI.AKASH CHERIAN THOMAS
SHRI.AZAD SUNIL, SHRI.T.P.ARAVIND
SHRI.MAHESWAR PADICKAL
SMT.AKSHARA S.
RESPONDENT/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
KALAMASSERY POLICE STATION, KALAMASSERY, ERNAKULAM,
PIN - 683104
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.3.2026, THE COURT ON 8.4.2026 DELIVERED THE FOLLOWING:
B.A.No.14714/2025
2
2026:KER:30723
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 in Crime No.1049/2025 of Kalamassery Police Station, Ernakulam District. The offences alleged are punishable under Sections 33(1)(b), 33(2) of the Assisted Reproductive Technology (Regulation) Act, 2021 (for short, the ART Act), Sections 38(1)(b) & 38(2) of the Surrogacy (Regulation) Act, 2021 and Sections 127(3), 127(6) and 143(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS).
3. The prosecution case, in short, is that an illegal surrogacy clinic is functioning under the name "Mamamia Life Solutions Ltd." in Building No.616 in Ward No.31 of Kalamassery Municipality. On the basis of that, the authorised officers, the Chairman of the State Appropriate Authority and members of the authority conducted search in the said premises on 27/7/2025. During the search, the violation of the provisions of the ART Act was found and it was reported to the learned Magistrate, Kalamassery, who took cognizance of the offences. The authorised officer during the course of search came to know that there was human trafficking B.A.No.14714/2025 3 2026:KER:30723 for the purpose of egg donation and surrogacy and based on this information, the present crime was registered.
4. I have heard Sri. S. Rajeev, 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 present case. 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 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 law regarding the grant or refusal of pre-arrest bail is well settled. Pre-arrest bail cannot be granted as a matter of course. The power under Section 482 of BNSS could be exercised only when a special case is made out, that too, recording reasons thereof. Perusal of the case diary reveals that the accusation made against the applicant is very serious in nature, and it prima facie shows a premeditated criminal act on his part.
7. As stated already, the crime was registered on the basis of the First Information Statement given by the Chairperson of B.A.No.14714/2025 4 2026:KER:30723 the Appropriate Authority viz., one Subash under the ART Act as well as Surrogacy (Regulation) Act, 2021. According to the FI Statement, he got information that Mamamia Life Solutions Pvt. Ltd functioning in Kalamassery had made unlawful online advertisements and is involved in woman trafficking. It is alleged that several women were under detention and they were prompted for surrogacy and collection of ovum. On 28/07/2025 at 10.00 a.m, he conducted search in the premises and it was found that the main institution of the company was closed. On enquiry in the locality it was revealed that the main office was shifted to a new address at AKG Road in Edappally. According to him, when he went there, it was also found closed. Thereafter his investigation with the assistance of the police revealed that in the building bearing Door No.616/31 at AKG - NH Cross road, some women were unlawfully detained. On search of the said building, it was found that egg donors were detained there for ovum stimulation injection. Several syringes, needles, medicines, cryocans, thermoflasks etc. were found there. Six women and a six year old child were found detained in the room. The investigation further revealed that the applicant brought those women belonging to different States for the purpose of egg donation and surrogacy to make profit. On going through the First Information Statement, there are prima facie B.A.No.14714/2025 5 2026:KER:30723 materials on record to show that those women were brought from different States by agents, without their consent. This Court as per interim order dated 27/1/2026 directed the applicant to be present before the investigating officer for the purpose of interrogation. Accordingly, the applicant was interrogated by the investigating officer. The learned Senior Public Prosecutor submitted that the applicant did not co-operate during interrogation and custodial interrogation is necessary.
The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the investigation cannot be ruled out if he is released on bail. Considering the gravity of the offence and stage of the investigation, I am of the view that this is not a fit case where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked. The bail application is, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp B.A.No.14714/2025 6 2026:KER:30723 APPENDIX OF BAIL APPL. NO. 14714 OF 2025 PETITIONER ANNEXURES Annexure I COPY OF THE LICENSE DATED 28.01.2023 WHICH IS VALID FOR 5 YEARS Annexure II COPY OF THE ORDER PASSED BY THE COURT OF SESSIONS, ERNAKULAM DATED 11.12.2025 IN CRL MC NO 3125/2025 Annexure III A TRUE COPY OF THE FIR AND FIS IN CRIME NO 1049/2025 REGISTERED BY KALAMASSERY POLICE STATION OF ERNAKULAM DISTRICT, IS PRODUCED HEREWITH AS ADDITIONAL DOCUMENT Annexure IV TRUE COPY OF THE EMAIL REQUESTING FOR AN ADDRESS CHANGE IS PRODUCED Annexure V (a) TRUE COPIES OF THE EMAIL COMMUNICATIONS ISSUED BY HOSPITALS ARE MARKED AS ANNEXURES V(A) TO V(D). ANNEXURE V(A) CONSISTS OF AN EMAIL COMMUNICATION DATED 02.08.2022, Annexure V(b) CONSISTS OF AN EMAIL COMMUNICATION DATED 25.06.2024,.
Annexure V(c) CONSISTS OF AN EMAIL COMMUNICATION DATED 17.02.2025 Annexure V(d) ANNEXURE V(D) CONSISTS OF AN EMAIL COMMUNICATION DATED 15.07.2025.
Annexure VI A TRUE COPY OF THE AFFIDAVIT SIGNED BY ONE OF THE RESCUED WOMAN Annexure VII A TRUE COPY OF THE SAID AFFIDAVIT FILED BY SISTER OF THE RESCUED WOMAN