The court held that an accused may be granted bail if the investigation is nearly complete and considering judicial custody duration.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU WEDNESDAY, THE 10^TH DAY OF DECEMBER 2025/19TH AGRAHAYANA,1947 BAIL APPL. NO. 14234 OF 2025 CRIME NO.749/2025 OF PALARIVATTOM POLICE STATION, ERNAKULAM AGAINST THE ORDER DATED 19.11.2025 IN BAIL APPL.NO.13621 OF

2025 OF HIGH COURT OF KERALA PETITIONER/1ST ACCUSED:

ANANTHU BIJU AGED 20 YEARS S/O BIJU, OLICKAL HOUSE, VATHIKKUDY VILLAGE & POST, MURICKASSERY, IDUKKI DISTRICT, PIN - 685604 BY ADV SHRI.S.JIJI RESPONDENT/STATE:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV SHRI.G. SUDHEER, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

10.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.BABU, J.

===========================

Bail Appl. No.14234 of 2025 ============================

Dated this the 10^th day of December, 2025

ORDER

This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

2. The petitioner is accused No.1 in Crime No.749 of 2025 of Palarivattom Police Station, Ernakulam District. The offences alleged against the petitioner and the other accused are punishable under Sections 64 , 126(2), 115(1), 118(1), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The prosecution case is that on 27.09.2025 at 08.00 a.m., the petitioner committed rape on the survivor in the presence of accused No.2, who recorded the same on mobile phone and assaulted the survivor, and threatened her that the video would be sent to her relatives and friends, if she revealed the fact to anybody.

4. The petitioner was arrested on 22.10.2025 and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that the investigation is practically over and further detention of the petitioner is not required.

7. The learned Public Prosecutor opposed the bail plea of the petitioner. It is submitted that the petitioner had already approached this Court seeking bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 by filing B.A.No.13621 of 2025 and the same was dismissed as per Order dated 19.11.2025 finding that, having regard to the nature and the gravity of the accusations levelled against the petitioner and the stage of the investigation, the petitioner is not entitled to be released on bail.

8. I have gone through the Case Diary. Having regard to the fact that the investigation is almost complete and also considering the tenure of judicial custody undergone by the petitioner, I feel that the petitioner is entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows:

(a) The petitioner is ordered to be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

(c) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.

(d) The petitioner shall not commit any similar offence while on bail.

(e) If any of the bail conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail, in accordance with law.

Sd/-