Kerala High Court Grants 1-Month Transit Anticipatory Bail To Husband Of Kumbh Mela Star In MP Police FIR Over Father's Abduction Complaint

The Kerala High Court on Wednesday (June 3) granted transit anticipatory bail to the husband of viral Kumb Mela star, Mohammed Farmaan, who is arrayed as an accused in a crime registered by the Madhya Pradesh police based on her father's complaint.

Dr. Justice Kauser Edappagath granted a month's time to the first petitioner, Farmaan, to approach the courts in Madhya Pradesh for seeking bail.

"Bail application is disposed with liberty to the applicant to approach the jurisdictional court and seek for anticipatory bail in accordance with law within a period of one month from today. The Applicant No. 1 shall not be arrested till the expiry of the said one month," the Court pronounced.

The Court was considering the anticipatory bail plea of the inter-faith couple. After hearing detailed arguments, the Court had reserved its verdict yesterday.

The prosecution has alleged that Farmaan committed offences under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities Act), Prohibition of Child Marriage Act as well as offences under the Bharatiya Nyaya Sanhita, including abduction, forgery, etc. It is alleged that the second petitioner was a minor at the time of the marriage and that Farmaan obtained the marriage certificate through forgery.

The petitioners' counsel, Advocate M. Sasindran had submitted that the couple fell in love while filming and they decided to get married in Neyyattinkara, Kerala. Even though the second petitioner's father was initially amenable to the marriage, after he returned to Madhya Pradesh, he was won over by some fundamentalists and that is the reason why he preferred the complaint.

It was also pointed out the second petitioner has filed a separate affidavit stating the actual facts and that she was an adult at the time of the marriage. Her Aadhar card, Election ID, and bank account details were produced to prove her age.

The counsel also appraised the Court that there are threats of honour killing if they return to Madhya Pradesh. It was further told that the entire State machinery in Madhya Pradesh is conspiring and acting so as to make it as if the second petitioner was a minor, and has resorted to cancelling her actual birth certificate and using a forged certificate belonging to her younger brother. She had also filed a plea before the Madhya Pradesh High Court against the cancellation of her birth certificate.

The Madhya Pradesh authorities had opposed the bail plea and stated that the same was not maintainable. It was argued by ASG S.V. Raju that the bail application did not contain sufficient pleadings to support why Kerala High Court was approached instead of courts in Madhya Pradesh when the crime is registered in MP. He relied on the Supreme Court decision of Priya Indoria v. State of Karnataka.

Later, it was pointed out that SC/ST Act offences have also been incorporated against Farmaan and therefore, anticipatory bail plea is non-maintainable in the light of the bar under Section 18 of the SC/ST Act.

Earlier, the Court had granted the couple interim protection from arrest after perusing the marriage certificate produced by them in their plea.

In the order granting transit bail, the Court has opined that the documents produced by the applicants as well as her affidavit prima facie show that the second petitioner is a major and she is residing with Farmaan on her own volition. It also noted that Farmaan has made out a case that he is unable to seek anticipatory bail from the jurisdictional court:

"applicant No.2 admits that she voluntarily resides with the applicant No.1 as husband and wife. The documents produced along with the bail application would also substantiate that the apprehension of the applicant No.1 of an inter-state arrest is well-founded. The grounds raised by the applicant No.1 for an order of transit bail appears to be reasonable to avoid a minimum threat to his life and personal liberty in the jurisdiction where the FIR is registered. The applicant No.1 has satisfied this Court regarding his inability to seek anticipatory bail from the court which has territorial jurisdiction to take cognizance of the offence immediately."

Thus, the Court disposed of the plea granting liberty to Farmaan to approach the courts in MP and giving protection from arrest for one month.

Case No: B.A. No. 1644 of 2026

Case Title: Moh Farmaan and Anr. v. State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 305

Counsel for the petitioners: M. Sasindran, Satheeshan Alakkadan and Mrinal Chand

Counsel for MP Police: ASG S.V. Raju

Click to Read/Download Order