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2026 Supreme(Online)(Ker) 29236

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
VISHNU.V.R – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 2368 OF 2026 | CRIME NO.305/2026



Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW
For the Respondents: SMT.SREEJA V.

Release on bail is warranted where the investigation is almost completed with no criminal antecedents of the applicant.

Headnote:First Paragraph: This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular bail. The applicant is the sole accused in Crime No.305/2026 of Nooranadu Police Station, Alappuzha District. The offences alleged are punishable under Sections 74, 75(1)(i), 75(1)(ii) and 75(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS). The court finds the applicant entitled to bail as the investigation is almost over and there is no chance of tampering with evidence. Second Paragraph: The main issues before the court are whether the applicant is entitled to regular bail and whether the allegations warrant the continued detention of the applicant. The court holds that since the investigation is almost over, no materials connect the applicant with the crime, and the applicant has no criminal antecedents, the continued detention of the applicant is not required. Last Paragraph: The application is allowed, and the applicant will be released on bail subject to conditions.

Table of Content
1. the prosecut (Para 1 , 2 , 3)

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.305/2026 of Nooranadu Police Station, Alappuzha District. The offences alleged are punishable under Sections 74, 75(1)(i), 75(1) (ii) and 75(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS).

3. The prosecution case, in short, is that the applicant with an intention to outrage the modesty of the defacto complainant, who is his staff by making her believe that she will be paid her salary on 14.04.2026 at 6.30 PM, picked the defacto complainant from the residence of her friend, took her to a place near the house of the applicant and forced her to come to his residence. When the defacto complainant was not willing for the same, the applicant again took her back to the place from where she was picked up and at 6.45 PM on the same day by sitting in the driver seat, the applicant asked for her a kiss and when she declined the same, the applicant hugged her and pressed on her right bossom thereby outraging her modesty. Thus, the applicant has committed the above offences.

4. I have heard Sri.Nireesh Mathew, 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.

6. The applicant was remanded to judicial custody on 18.04.2026. The investigation is almost over. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

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