Bail granted under certain conditions despite prima facie evidence due to the duration of custody and progress of investigation.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 21^ST DAY OF NOVEMBER 2025 / 30TH KARTHIKA, 1947 BAIL APPL. NO. 13556 OF 2025 CRIME NO.795/2025 OF KAIPAMANGALAM POLICE STATION, THRISSUR AGAINST THE ORDER DATED 29.10.2025 IN Bail Appl. NO.12974 OF 2025 OF HIGH COURT OF KERALA PETITIONER/ACCUSED NO.1:

ANEESH KUMAR AGED 39 YEARS S/O AYYAPPAN, PARANVEETTIL HOUSE, PERINJANAM, THRISSUR, KERALA – ., PIN - 680686 BY ADVS.

SRI.P.T.SHEEJISH SRI. HARIKIRAN M.

SMT.SANDRA TOM SRI.TOM THOMAS SHRI.YOOSUF SAFWAN T. AJMAL SMT.PARVATHI SHRI.ARAVIND R. NAIR RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULUM, PIN – 682031 SRI.G.SUDHEER – GOVERNMENT PLEADER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

21.11.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J -------------------------------------------

B.A. No.13556 of 2025 ----------------------------------------------

Dated this the 21^st day of November, 2025

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the first accused in Crime No.795/2025 of Kaipamangalam Police Station, Thrissur registered for the offences punishable under Section 74 of the Bharatiya Nyaya Sanhita, 2023 and Section s 7 and 8 of the Protection of Children from Sexual Offences (POCSO) Act.

3. The prosecution case is that the accused had on

03.10.2025 grabbed the breast of the minor victim, who is a relative of the wife of the accused.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 05.10.2025 and hence he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application.

7. The petitioner is alleged to have committed a serious crime of groping a minor girl. The victim is only 15 years old and is the relative of the petitioner’s wife. Petitioner’s earlier application for regular bail was dismissed by this Court on

29.10.2025.

8. Though there are prima facie materials on record connecting the petitioner with the crime, since he has been in custody from 05.10.2025 onwards and the investigation has substantially progressed, I am of the view that his continued detention is not required in the facts and circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

(f) Petitioner shall not enter into the jurisdictional limits of Kaipamangalam Police Station until the final report is filed.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.