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2026 Supreme(Online)(Ker) 53101

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
ANANTHU – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 4304 OF 2026



Advocates:
For the Appellants/Petitioners: M.R. Sasith
For the Respondents: Sooraj M.S., Bibas C. Babu, Vaishnavi Shaji, Meera R. Menon, Saurav Shaji, Reshvan A., Muhammed Bilal.V.A, Thomas Sabu Vadakekut

Regular bail may be granted when the investigation is substantially complete, key electronic evidence has been seized, and the accused has no prior criminal record, rendering continued detention unnecessary.

Headnote:(A) Bail - Regular Bail - Investigation almost complete and seizure of electronic devices - Continued detention not required when the accused has no criminal antecedents and investigation is substantially over. (Para 6)

Issues: Whether the applicant is entitled to regular bail considering the nature of the offense and the stage of investigation.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.08.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This 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.814/2026 of Kunnamkulam Police Station, Thrissur District. The offences alleged are punishable under Section 74 of the Bharatiya Nyaya Sanhita, 2023 and Sections 66E and 67A of the Information Technology Act, 2000.

The prosecution case, in short, is that, in between the period from 27.06.2026 to 01.07.2026, the applicant took photographs of the de facto complainant and her relatives without their consent, morphed the photographs into nude photographs, thereafter published the same in the Telegram groups and other social media to outrage the modesty of the de facto complainant and thereby committed the above offences.

I have heard Sri.M.R.Sasith, the learned counsel for the applicant, Sri.Sooraj M.S., the learned counsel for the de facto complainant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.

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.

The applicant was remanded to judicial custody on 03.07.2026. The investigation is almost over. The mobile phone, laptop and pendrive of the applicant had already been seized. 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 ofÏcer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating ofÏcer 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.

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