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2026 Supreme(Online)(Ker) 22333

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
ASHA ASHOKAN – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 14751 OF 2025



Advocates:
For the Appellants/Petitioners: Sri.Sijo Pathaparambil Joseph
For the Respondents: Smt. A Parvathi Menon, Amicus Curiae, Sri. M C Ashi, Sr.PP

The court emphasizes the balance between granting bail and ensuring the welfare of the child victims, stressing the need for emotional stability and continuous counseling.

Headnote:This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail. The applicant is the mother and lawful guardian of the child, accused of inflicting burn injury on the de facto complainant. The court notes that the victim was placed in a shelter home, and it was desirable for the victim to complete her academic year in proximity to the shelter. The investigation is complete, and pre-arrest bail is granted.

Table of Content
1. seeking pre-arrest bail under relevant sections. (Para 1 , 2 , 3)
2. consideration of victim's welfare and counsel's recommendations. (Para 4 , 5)
3. granting of bail with specific conditions. (Para 7 , 8 , 9)

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicant is the accused in Crime No.1077/2025 of Pallickathodu Police Station, Kottayam District. The offences alleged are punishable under Section 118 (1) of the Bharatiya Nyaya Sanhita , 2023 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 mother and lawful guardian of the child, had inflicted burn injury on the neck of the de facto complainant using a heated spatula at noon on

20.11.2025.

4. When this bail application came up for hearing, this Court noticed that the victim was placed at a shelter home, Christu Bhavan, Kumarakom and the two sisters of the victim were still residing with the applicant. Considering the gravity of the allegations levelled against the applicant and also considering the fact that the victim was placed in a shelter home, this Court suo-motu impleaded the Victim Rights Centre, High Court of Kerala to protect the interest of the victim and her siblings.

5. As per the interim order of this Court dated 29.01.2026, the representative of the Victim Rights Centre was directed to visit the victim at the shelter home as well as the applicant and the siblings of the victim and to file a report before this Court. Accordingly, the Project Coordinator of the Victim Rights Centre, Adv. A.Parvathi Menon visited the victim, her siblings as well as the applicant and altogether filed 3 reports. It was reported in the report dated 02.03.2026 that the interaction between the victim and her mother turned deeply emotional and both of them expressed their desire for their reunion and for the return of the victim to home. The Project Coordinator suggested that, since the victim’s annual examinations commenced from 06.03.2026, in order to ensure continuity and academic stability, it was desirable that she completes the current academic year in the school presently attended by her, which is situated in proximity to the shelter home. In the additional report filed by the Project Coordinator on 24.03.2026, it is stated that the applicant as well as the victim wants to reside together along with the siblings of the victim at their home. It is further reported that CW2 handed over the siblings of the victim to their step father who lives along with the applicant, identifying him as a fit person to take care of them. It is also reported that CWC, Kottayam has placed the siblings of the victim under Kaval Plus, a project of the Government of Kerala. It is also reported that, while the victim was at the shelter home, she developed breathlessness and on medical consultation, mild ECG variation has been noticed.

6. The learned Project Coordinator, Adv.

A.Parvathi Menon submitted that the examinations of the victim will be over on 27th of this month and the victim could be re-admitted to her previous School, St.Thomas HSS, Anikkad or any other appropriate educational institution in the next academic year. The learned Project Coordinator further suggested that the victim may also be brought under the Kaval Plus project of the State Government like her siblings to ensure continued psychological support.

7. The learned Senior Public Prosecutor submitted that the investigation is over and the final report has already been filed. Hence, further detention of the applicant is not necessary.

8. In view of the above sequence of events, I am of the view that the applicant can be granted pre-

arrest bail.

9. In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of her arrest on executing a bond for R

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