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2026 Supreme(Online)(Ker) 30580
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Sarath Kumar S – Appellant
Versus
State Of Kerala – Respondent
BAIL APPL. NO. 2554 OF 2026
For the Appellants/Petitioners: K.V. Sabu
For the Respondents: M.C. Ashi
The court grants bail where investigation is nearly complete, the accused lacks criminal antecedents, and continued incarceration is deemed unnecessary for effective investigation or trial purposes, even in cases involving sensitive offences.
Headnote:The applicant sought regular bail under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding allegations under the Bharatiya Nyaya Sanhita, 2023, the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Children from Sexual Offences Act, 2012. The petitioner contended he was falsely implicated, while the state argued against his release due to the gravity of the offences. The central issue was whether the applicant met the criteria for bail despite the serious nature of the charges. The court, noting the applicant had no prior criminal record and had been in custody since April 2026, determined that further detention was not necessary as the investigation was largely concluded. The court allowed the application and granted bail subject to specific conditions, including bond execution and regular reporting to the investigating officer.
| Table of Content |
|---|
| 1. overview of the petition, the charges brought against the accused, and the prosecution's summary of the alleged incident. (Para 1 , 2 , 3) |
| 2. summary of oral arguments made by the legal counsel for both the applicant and the state prosecutor. (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.372/2026 of Central Police Station, Ernakulam District. The offences alleged are punishable under Sections 65(1), 63(a), 63(b) and 75(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS), Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, JJ Act) and Sections 4(2), 3(a), 3(b), 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 (for short, the PoCSO Act).
3. The prosecution case, in short, is that on 18.03.2026 at 2.30 PM, the applicant took the victim, who is only 15 years old, to a lonely place in the lorry parking area and forced her to have oral sex. The applicant forcibly put his penis inside the mouth of the victim, inserted his fingers into her vagina and thereby committed the offences.
4. I have heard Sri.K.V.Sabu, the learned counsel for the applicant and Sri. M.C.Ashi, the learned Senior Public Prosecutor. Notice has been served to the victim. But there is no appearance. 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
11.04.2026. The investigation is almost over. A reading of the FIS would show that the applicant and the victim were in a relationship. The alleged incident took place in a public road. 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: -
(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The applicant shall fully co-operate with the investigation.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. (vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.
