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2026 Supreme(Online)(Ker) 28637
IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
SHAJU.K.C. – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 2223 OF 2026 | CRIME NO.91/2026 OF MUZHAKKUNNU POLICE STATION | Bail Appl. NO.1940 OF 2026
For the Appellants/Petitioners: SRI.CIBI THOMAS, SMT.SWARNA THOMAS
For the Respondents: SRI.VIPIN NARAYANAN (PP)
Bail granted post-chargesheet in POCSO case considering detention period and completed investigation.
Headnote:The judgment addresses offences under Section 74 of the Bharatiya Nyaya Sanhita (BNS) and Sections 8, 9(1) read with Section 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). The prosecution alleges that a 17-year-old victim was sexually assaulted by a counsellor during therapy sessions involving inappropriate physical contact with sexual intent. The court finds prima facie evidence supporting the accusations based on available records. The key issue is whether regular bail should be granted to the accused petitioner in a POCSO case post-investigation. The court's ratio decidendi emphasizes that, despite the seriousness of the offence, completion of investigation and filing of the final report, coupled with the period of detention undergone, warrants bail at this stage, subject to strict conditions. Bail is granted on execution of a bond with sureties and conditions prohibiting contact with the victim, requiring cooperation with authorities, and allowing cancellation for violations.
| Table of Content |
|---|
| 1. details offences under bns and pocso against counsellor. (Para 1 , 2) |
| 2. petitioner's innocence claim opposed by prosecutor. (Para 3 , 4) |
| 3. serious allegations prima facie supported by records. (Para 5 , 6) |
| 4. bail granted post-investigation with conditions. (Para 7) |
ORDER
This petition seeking regular bail has been filed by the first accused in Crime No.91/2026 of Muzhakkunnu Police Station, Kannur, registered, alleging commission of offences punishable under Sections\ 74 of the Bharatiya Nyaya Sanhita (BNS) and Sections 8 and 9(l) r/w Section 10 of the Protection of Children from Sexual Offences Act, 2012.
2. The prosecution case is that the victim girl aged 17 years was subjected to sexual assault by the petitioner during the course of counselling therapy conducted by him at a room in his house to ease the emotional stress of the victim by kissing her forehead and cheeks and pressing her breast with sexual intent.
3. In the present bail application, the petitioner would contend that he is totally innocent, and that a false case has been foisted against him.
4. The learned Public Prosecutor opposed the bail application highlighting the serious nature of the offence alleged against the petitioner.
5. The allegation that the petitioner, who is a Counsellor by profession, subjected a minor girl to sexual assault, who approached him for counselling, cannot be viewed lightly.
6. From a perusal of the available records it is gatherable that the accusations levelled against the petitioner is prima facie well founded. Anyhow, as rightly pointed out by the learned counsel for the petitioner, the petitioner was arrested in this case on 23.02.2026, and since then he has been in custody.
7. The investigation in this case is already over and the Final Report has been submitted before the Jurisdictional Court. As the investigation is already over, further incarceration of the petitioner is not warranted at this stage. Hence, having regard to the days of detention already undergone by the petitioner, and the considering the fact that the chargesheet has already been laid before the Jurisdictional Court, the petitioner is granted bail on the following conditions:
(i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties, each for the like sum, to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not contact the victim or the family members of the victim either directly or indirectly or through any electronic media.
(iii) The petitioner shall appear before the Investigating Officer as and when required in writing and shall co-operate with the investigation.
(iv) The petitioner shall not commit any offence while on bail.
(v) If the petitioner violates any of the above conditions, the investigating officer shall be at liberty to file application for cancellation of bail before the jurisdictional court. Upon such application being filed, the jurisdictional court may pass appropriate orders, notwithstanding the fact that the bail was granted by this Court.
