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2026 Supreme(Online)(Ker) 14964
IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MUSTHAFA – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 1232 OF 2026 | CRIME NO.632/2025
For the Appellants/Petitioners: SRI.P.K.MOHAMED JAMEEL, SMT. SUHARABI KANNETH, SMT.SMRITHI HARRIS
For the Respondents: SRI.M.C. ASHI, SR. PUBLIC PROSECUTOR
The seriousness of the crime and the applicant's connection to the victim justifies the denial of bail in cases of sexual assault.
Headnote:This application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. The applicant, accused of serious offences under the PoCSO Act and Bharatiya Nyaya Sanhita, is alleged to have committed aggravated sexual assault on his intellectually disabled minor daughter. The Court, considering the serious nature of the accusations and the applicant's complicit involvement, denied bail. The bail application is dismissed.
| Table of Content |
|---|
| 1. application for bail filed under bnss. (Para 1 , 2) |
| 2. accusation of aggravated sexual assault by the applicant. (Para 3) |
| 3. arguments presented by defense and prosecution. (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 in Crime No.632/2025 of Chakkarakkalu Police Station, Kannur District. The offences alleged are punishable under Sections 6 r/w 5(k), 5(l) and 5(n) of the PoCSO Act, 2012 and Sections 64 (2)(f), 64(2)(m), 64(2)
(k), 75(1) and 87 of Bharatiya Nyaya Sanhita, 2023 .
3. The prosecution case, in short, is that on 23.08.2025 at 10 a.m., the applicant, who is the biological father of the minor victim girl aged 16 years, who is an intellectually disabled girl took her in his autorickshaw from Mamba to his house at Peralasseri, subjected her to penetrative sexual assault repeatedly and thereby committed the offences.
4. I have heard Sri.Mohamed Jameel P.K., 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
14.09.2025. 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. I went through the FIS. The victim, a minor girl with intellectual disability was subjected to aggravated sexual assault by the applicant, who is none other than her father. 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/-
