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2026 Supreme(Online)(Ker) 32228
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Beena Thomas – Appellant
Versus
State Of Kerala – Respondent
BAIL APPL. NO. 2826 OF 2026
For the Appellants/Petitioners: M.K.Faisal, Akhil Faisal
For the Respondents: K.A. Noushad
The court grants bail in POCSO cases when the investigation is substantially complete, the final report has been filed, and the accused lacks criminal antecedents, provided specific conditions are met to protect the victim and ensure the integrity of the trial process.
Headnote:The petitioner sought bail under S. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding a crime registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The prosecution alleged that the accused committed sexual assault upon a minor on two separate occasions. The central issue was whether the applicant met the criteria for release on bail considering the gravity of the offences and the status of the investigation. The Court reasoned that as the investigation was largely concluded, a charge sheet (final report) had been filed, and the accused possessed no criminal antecedents, further detention was unnecessary. The Court allowed the application, directing the release of the petitioner on bail subject to specific conditions, including the execution of a bond and restrictions on witness tampering and travel.
| Table of Content |
|---|
| 1. provisions invoked for seeking regular bail. (Para 1 , 2) |
| 2. summary of alleged criminal offenses. (Para 3) |
| 3. contentions regarding innocence versus gravity of offense. (Para 4 , 5) |
| 4. grounds for granting bail based on investigative status. (Para 6) |
O R D E R
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.289/2026 of Binanipuram Police Station, Ernakulam District. The offences alleged are punishable under Sections 4, 3(b) and 8 read with 7, 10 and 9(l) of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution case, in short, is that the applicant who is a friend of the victim's mother, with the intention of committing sexual assault on the victim, hugged the victim and kissed on her lips in August, 2025. The applicant repeated the same offence and hugged the victim, kissed her and inserted her finger into her vagina on 08.03.2026 at 01.00 am at Flat No.2E of Misty Heights owned by the mother of the victim and thereby committed the aforesaid offences.
4. I have heard Sri. Faisal M.K., the learned counsel for the applicant and Sri. K.A.Noushad, 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, she 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 she is not entitled to bail at this stage.
6. The applicant was remanded to judicial custody on 01.04.2026. The investigation is almost over. The final report has already been filed. 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 not commit any offence of a like nature while on bail.
(iii) 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.
(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(v) 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.
