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2025 Supreme(Online)(Ker) 55690

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
GOPAKUMAR PARTHASARADHI – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13846 OF 2025 | CRIME NO.515/2025



Advocates:
For the Appellants/Petitioners: SHRI.SREEJITH S. NAIR, SHRI.SASTHAMANGALAM S. AJITHKUMAR (SR.), SRI.SATHEESH MOHANAN, SMT.MAHIMA
For the Respondents: SMT.M.K.PUSHPALATHA, SR.P.P.

The court denoted that serious allegations against an accused, particularly involving minors, require careful consideration before bail is granted.

Headnote:This application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail for the applicant who is the sole accused in Crime No. 515/2025, with allegations of serious offences under various sections related to child protection laws. The court found the allegations to prima facie depict premeditated criminal acts by the applicant against a minor student, warranting judicial scrutiny. The primary issues before the court were whether the applicant should be granted bail given the seriousness of the charges, with the court concluding that the applicant's release at this juncture was inadvisable due to the evidence presented, including communications suggesting an inappropriate relationship. The final decision rendered by the court was to dismiss the bail application.

Table of Content
1. allegations of serious offences against a minor. (Para 2 , 3)
2. arguments presented regarding innocence and denial of bail. (Para 4 , 5)

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking regular bail.

2. The applicant is the sole accused in Crime No.

515/2025 of Veeyapuram Police Station, Alappuzha District. The offences alleged are punishable under Sections 74 , 75(1)(i) & 78(2) of the Bharatiya Nyaya Sanhita , 2023, Sections 8 r/w 7, 10 r/w 9 (f)(p) & 12 r/w 11(iv) of the Protection of Children from Sexual Offences Act , 2012 and Section 75 of the Juvenile Justice (Care & Protection of Children) Act.

3. The prosecution case, in short, is as follows:- The applicant is the Principal and the survivor is a student of the Government Higher Secondary School, Veeyapuram. On a Saturday of August, 2025, while the survivor aged 17 years studying in the Plus One standard attended the school at about 08.30 a.m. for a special class, the applicant grabbed on her chest and kissed on her lips by holding her close to him, with sexual intent for the satisfaction of his lust.

4. I have heard Sri.Sreejith S. Nair, the learned counsel for the applicant and Smt.M.K.Pushpalatha, 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 get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

22.10.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The applicant is a principal and the victim is a student. There are serious allegations against the applicant. The learned Public Prosecutor has made available to me a copy of the mahazar containing the Instagram chat between the applicant and the victim. It is evident from the said chat that the applicant had developed an unfair intimate relationship with the victim.

Considering the nature of the crime, how the applicant is alleged to have complicity in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

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