SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 3411

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
VIPIN K SIBY – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 353 OF 2026 | CRIME NO.1374/2025



Advocates:
For the Appellants/Petitioners: SHRI.JOSEPH KIRAN D. THEKKEKARA, SRI.ARUN JOSE THOMAS, SHRI.DAVIS PIUS, SHRI.SHINTO SABASTIAN, SHRI.JEO GEORGE, SMT.RESHMA R.NAIR, SMT.CHINNU ROSE MARY THOMAS, SHRI.THANKARAJ P., SMT.SOUMIYA C.D
For the Respondents: SRI.M.C.ASHI, SR. PP

A bail application can be granted when the accused shows no criminal antecedents and when the investigation is nearly complete, despite allegations.

Headnote:This case involves a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning accusations against the applicant for involvement in a crime against a minor. The court finds the applicant has no criminal antecedents, and the investigation is nearly concluded, warranting the grant of bail. The issues addressed include the legitimacy of the bail request against the backdrop of alleged intentional criminal acts. The court reasoned that there were no substantial materials linking the applicant to the crime, justifying bail. Upon considering the arguments presented, the court concluded that the application is allowed under specified conditions.

Table of Content
1. bail application filed due to allegations involving a minor. (Para 1 , 2 , 3)
2. arguments presented regarding bail eligibility. (Para 4 , 5)

ORDER

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 accused No.1 in Crime No.1374/2025 of Yeroor Police Station, Kollam District. The offences alleged are punishable under Section s 115 (2) and 117(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS ) and Section 75 of the Juvenile Justice (Care & Protection of Children)

Act, 2021.

3. The prosecution case, in short, is that the applicant is the lover of the victim's mother. The victim is a minor aged 13 years. The prosecution case in short is that on 19.12.2025 at 10.00 a.m., the applicant along with the accused No.2 assaulted the victim and thereby committed the offences.

4. I have heard Sri.Joseph Kiran D Thekkekara, 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

20.12.2025. The investigation is almost over. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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 fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top