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2026 Supreme(Online)(Ker) 67892

IN THE HIGH COURT OF KERALA AT ERNAKULAM


PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH


SATURDAY, THE 24TH DAY OF OCTOBER 2026 / 2ND KARTHIKA, 1948


BAIL APPL. NO. 6067 OF 2026

CRIME NO.970/2026 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD

AGAINST THE ORDER DATED 23.09.2026 IN BA NO.904 OF 2026 OF ADDITIONAL DISTRICT COURT (ADHOC)-II, PALAKKAD


PETITIONER/ACCUSED: DINESH K, AGED 57 YEARS S/O.A.V.BALAKRISHNAN, DINESH NIVAS, NEAR SIVARAM NAGAR, ANIKKODE, KARIYAMKODE.P.O., PALAKKAD DISTRICT,, PIN - 678572


BY ADV SRI.M.REVIKRISHNAN


RESPONDENT/COMPLAINANT & STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031


SRI.V.VINAY, SR. PUBLIC PROSECUTOR


Sd/-


DR. KAUSER EDAPPAGATH

JUDGE


SKP


APPENDIX OF BAIL APPL. NO. 6067 OF 2026



PETITIONER’S ANNEXURES:


Annexure 1 A TRUE COPY OF THE F.I.R IN CRIME NO.970/2026 OF TOWN SOUTH POLICE STATION, PALAKKAD ALONG WITH THE F.I. STATEMENT


Annexure 2 A TRUE COPY OF THE F.I.R IN CRIME NO.941/2026 OF TOWN SOUTH POLICE STATION, PALAKKAD ALONG WITH THE FIRST INFORMATION STATEMENT GIVEN BY THE APPLICANT


Annexure 3 A TRUE COPY OF THE F.I.R IN CRIME NO.942/2026 OF TOWN SOUTH POLICE STATION, PALAKKAD ALONG WITH THE WRITTEN COMPLAINT GIVEN BY THE DEFACTO COMPLAINANT BEFORE THE STATION HOUSE OFFICER


Annexure 4 A TRUE COPY OF THE ORDER GRANTING ANTICIPATORY BAIL IN B.A.NO. 5008 OF 2026 DATED 11.09.2026 OF THIS HON'BLE COURT


Annexure 5 A TRUE COPY OF THE ORDER DATED 23.09.2026 IN B.A.NO. 904 OF 2026 PASSED BY THE ADDITIONAL SESSIONS JUDGE-I, PALAKKAD (SESSIONS JUDGE IN CHARGE, PALAKKAD)


Annexure 6 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 31.08.2026 EVIDENCING THE HEALTH CONDITION OF THE WIFE OF THE APPLICANT


RESPONDENTS' ANNEXURES: NIL


TRUE COPY

P.A. TO JUDGE

%q1034hf hBQ .70.8 GgJig 8 7 D w S24 3G j96U4n rg Mkmllmll 79 o[953]w - - d9 0 cm r r e e 65 c c P R Rajesh HIGH COURT OF KERALA HIGHCOURT Date: 2026-10-24T15:25:27.3862572+05:30

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.10.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.

2. The applicant is the sole accused in Crime No.970/2026 of Palakkad Town South Police Station, Palakkad District. The offence alleged is punishable under Section 75(1)(i) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the defacto complainant is a junior advocate practicing in the Palakkad Courts. On 26.05.2026 at 12.00 noon, while she was standing in front of the GP Office after finishing a case in the JFCM-II Court, the applicant who is an advocate by profession assaulted the defacto complainant by pressing on her buttocks with sexual intent, outraged her modesty and thereby committed the offence.

4. I have heard Sri.M.Revikrishnan, the learned counsel for the applicant and Sri.Vinay 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The applicant and the defacto complainant are advocates by profession. The defacto complainant is a junior advocate. Even though the alleged incident took place on 26.05.2026, the FIR was registered only on 13.08.2026. It appears from the records that there exists dispute between the applicant and the members of the Bar. A similar complaint was lodged by another advocate against the applicant and a crime was registered. This Court has already granted pre-arrest bail to the applicant in the said crime as per Annexure 4 order. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

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

(i) The applicant shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(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 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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