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2026 Supreme(Online)(Ker) 12851

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MANUEL.M.J @ PAPPAN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 293 OF 2026|CRIME NO.800/2024



Advocates:
For the Appellants/Petitioners: SRI.V.A.SATHEESH, SRI.V.T.MADHAVANUNNI, SRI.M.VIVEK RABINDRANATH, MS.GAYATHRI C.H., SMT.T.K.SNEHASREE
For the Respondents: SRI M. C. ASHI

The court emphasizes the gravity of the charges and the importance of adhering to bail conditions, leading to the dismissal of the bail application.

Headnote:This bail application, preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, involves the applicant accused of serious offenses including sexual assault on a minor under various sections of IPC and relevant protection laws. The Court highlights the breaches of bail conditions and the applicant's threats to witnesses as grounds for dismissal, concluding the application for bail was rightfully denied due to these factors.

Result: 'Accordingly, the application for regular bail is dismissed.'

Table of Content
1. accused charged with serious offenses against a minor. (Para 2 , 3)
2. counsel presented arguments regarding bail application. (Para 4)
3. court discussed bail violations and threats, leading to denial. (Para 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 sole accused in Crime No.800/2024 of Alakode Police Station, Kannur District, which is now pending as S.C. No.47/2025 on the files of the Special Judge, Fast Track Special Court, Kannur. The offences alleged are punishable under Sections 376 (2)(f), 376(2)(k), 376(3), 354A(1)(i) and 506 of IPC , Section 6 (1)(d) r/w Section 5 (n), (p), Section 10 r/w Section 9 (n) and (p) of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 .

3. The prosecution case, in short, is that the applicant being the 2nd husband of the mother of the victim, had sexually assaulted the victim girl aged 15 years by touching on her breast while residing together at Vellad Amsom, Pathanpara and thereby committed the offences.

4. I have heard Sri.Satheesh V.A., the learned counsel for the applicant and Sri. M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The applicant was once granted bail. Since he has violated the bail conditions, the bail was cancelled, he was arrested and remanded to custody. The record would show that the applicant has threatened the witness violating the bail condition and hence, his bail was cancelled. Therefore, he is not entitled to be released on bail. That apart, it is submitted that the trial is over and the case stands posted for examination of the applicant under Section 313 of the Cr.P.C.

Accordingly, the application for regular bail is dismissed.

Sd/-

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