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2026 Supreme(Online)(Ker) 5098

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ASIF UL ALAM – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14868 OF 2025 | CRIME NO.1214/2025



Advocates:
For the Appellants/Petitioners: Sri.Shajin S.Hameed
For the Respondents: Smt.Sreeja V., SR. PP

The court emphasized the seriousness of sexual offences against minors, leading to the dismissal of bail based on the gravity of allegations.

Headnote:This judgment pertains to the second bail application filed under Section 483 of BNSS, seeking regular bail for the applicant accused of serious sexual offences against a minor. The court evaluated facts indicating premeditated crimes and found strong evidence against the applicant. The outcome was a dismissal of bail due to the gravity of the allegations.

Table of Content
1. evaluation of allegations concerning sexual offences against minors. (Para 1 , 2 , 3)
2. arguments presented regarding bail and implications of the case. (Para 4 , 5)

ORDER

This is the second bail application 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.1214/2025 of Karamana Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 7 4, 75(1)(i), 75(i)(ii), 75(i)(iv), 75(2), 75(3), 78(1)(i) and 79 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 read with 7, 10, read with 9(l), 9(n), 12, 11(i), 11(iv) and 11(vi) of the Protection of Children from Sexual Offences Act, 2012 .

3. The prosecution case in short is that, the victim a minor girl aged 15 years, now studying in 10th standard has been sexually abused by the applicant. The allegation against the applicant is that during night, he with sexual intent, inappropriately touched her private parts on multiple occasions and requested for sexual favours. It is further alleged that the applicant also sexually abused the victim's sister.

4. I have heard Sri. Shajin S. Hameed, the learned counsel for the applicant and Smt. Sreeja V., 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 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.

The applicant was remanded to judicial custody on

27.9.2025. 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 none other than the stepfather of the victim who is only aged 15 years. Another crime has also been registered against the applicant for sexually assaulting the sister of the victim. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant 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.

Sd/-

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