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2026 Supreme(Online)(Ker) 2224
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
NOBIN VIJI – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 13801 OF 2025 | CRIME NO.543/2025
For the Appellants/Petitioners: SRI.MUHAMMED SWADIQ, SRI.J.R.PREM NAVAZ
For the Respondents: SRI.M.C.ASHI, SR. PP.
Bail granted under strict conditions based on relationship and severity of allegations.
Headnote:This application seeks regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The applicant, accused in a serious crime, is in custody since 28.03.2025. Court determines bail eligibility considering age, relationship, and conditions of supervision.
Result: Application allowed with specific bail conditions.
Based on the provided legal document, the following argument notes can be summarized:
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The bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the applicant is the sole accused in Crime No.543/2025, involving serious allegations under multiple criminal statutes (!) .
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The prosecution's case involves allegations of sexual offenses committed by the applicant against his minor sister, the victim, who was aged 15 at the time of the incidents. The acts allegedly took place when both parties were minors, and the victim became pregnant as a result (!) .
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The defense argues that the applicant is innocent and has been falsely implicated, with no material on record linking him directly to the crime. They emphasize that the investigation is complete, and the final report has been filed, suggesting that the case may not have strong evidence against him (!) .
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The applicant is currently in custody since March 2025 and is pursuing higher studies. The court considered the applicant's age (19 years) and the fact that the acts occurred when both parties were minors, which influences the bail decision (!) .
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The court noted the seriousness of the allegations but also recognized the possibility of granting bail with strict conditions. A key condition is that the applicant shall not contact or meet the victim, nor enter the jurisdiction where the victim resides, to prevent tampering or influence (!) .
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The court ordered the applicant to execute a bond of Rs. 1,00,000 with two solvent sureties and set specific restrictions including residence in Tamil Nadu with a relative, prohibition from entering Thiruvananthapuram district, and restrictions on contact with witnesses or the victim (!) (!) (!) (!) (!) .
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Additional conditions include that the applicant shall not commit any similar offenses while on bail, shall not leave Kerala without court permission, and any application for modification or cancellation of bail conditions should be filed in the appropriate court (!) (!) (!) .
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Overall, the court granted bail considering the applicant’s circumstances, the nature of the allegations, and the safeguards put in place to prevent tampering or further offenses (!) .
These notes encompass the key legal considerations and the rationale behind the bail decision, emphasizing the strict conditions imposed to balance the rights of the accused with the gravity of the allegations.
| Table of Content |
|---|
| 1. application seeks bail under bnss. (Para 1 , 2) |
| 2. accusations involve serious sexual offences. (Para 3) |
| 3. arguments presented for and against bail. (Para 4 , 5) |
O R D E R
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.
2. The applicant is the sole accused in Crime No.543/2025 of Parassala Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 3 76 and 506(i) of the Indian Penal Code, 1860 ; Sections 6 4 (1), 64(2)(f) and 351(1) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’); Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ‘JJ Act’) and Sections 4 (2) read with 3(a) and Section 6 read with 5(j)(ii), 5(l), 5(n) and 5(p) of the Protection of Children from Sexual Offences Act, 2012 , (for short ‘PoCSO Act).
3. The prosecution case, in short, is as follows:- the victim and the applicant are brother and sister. The victim is now aged 15 years and studying in 10th standard. While the victim was studying in 9th standard, the applicant took her to his bedroom, forcefully removed her dress and indulged in sexual intercourse with her. Thereafter, on multiple occasions, the applicant committed similar acts on her. Subsequently, the victim became pregnant and thereby the applicant is alleged to have committed the offences.
4. I have heard Sri.Vishnuprasad Nair, 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. On the other hand, the learned Senior 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
28.03.2025. The applicant is aged 19 years and the victim is aged 15 years. They are siblings. It is true that the allegation is serious in nature. However, the alleged acts took place when both of them were minors. The applicant is in custody from 28.03.2025. The investigation is over and the final report has already been filed. The victim is a native of Thiruvananthapuram. It is submitted that the applicant is pursuing a Diploma in Agricultural Sciences at Pattambi. When this bail application came up for hearing on the last posting date, the learned counsel for the applicant was directed to file an affidavit of any relative of the applicant who will provide shelter to him. Accordingly, the husband of the applicant’s mother’s sister has sworn in an affidavit stating that he is prepared to permit the applicant to reside along with him. His house is situated in Tamil Nadu. Considering all these facts, I am of the view that bail can be granted to the applicant with a strict condition that he shall not in any way meet or contact the victim or enter into Thiruvananthapuram district where the victim resides.
In the result, the application is allowed on the following conditions: -
(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicant shall not in any way contact the victim, either personally or over the phone.
(iii) The applicant shall not enter into the jurisdiction of Thiruvananthapuram district.
(iv) The applicant shall reside along with his mother’s sister’s husband, namely Sri.Vargeesh Appavu, at his residence in Tamil Nadu. However, he is permitted to pursue his studies at Pattambi.
(v) The applicant shall not commit any offence of a like nature while on bail.
(vi) The applican
