Kerala High Court Grants Conditional Bail To Accused After Ninety Days Of Judicial Custody - 2025-09-19

Kerala High Court Grants Conditional Bail To Accused After Ninety Days Of Judicial Custody

The High Court of Kerala at Ernakulam, presided over by Justice Bechu Kurian Thomas, has granted conditional bail to Muhammed Anwarsha, an accused facing multiple charges, including those under the Protection of Children from Sexual Offences (POCSO) Act. The decision follows a period of over 90 days in judicial custody.

Case Background

The petitioner, Muhammed Anwarsha, was arrested on 30.05.2025 in connection with Crime No. 1135 of 2025 registered at the Kayamkulam Police Station. The prosecution alleged that the accused stalked a 15-year-old girl, eventually threatening her with a knife before taking her to a house to commit sexual assault. The accused was also charged under various sections of the Bharatiya Nyaya Sanhita (BNS) 2023, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and the POCSO Act .

Arguments Presented

Counsel for the petitioner argued that the allegations were entirely false and that no such incident had occurred. Emphasizing the duration of incarceration, the defense sought his release, noting he had been in custody since the date of his arrest.

In contrast, the Public Prosecutor, Sri. Noushad K.A., strongly opposed the bail plea. The prosecution pointed to the accused’s extensive criminal history, which includes 21 other pending cases ranging from narcotics offenses to theft and dacoity, arguing that his history warranted continued detention to ensure the safety of the public and the victim.

Legal Analysis

The Court balanced the gravity of the allegations against the rights of the accused regarding personal liberty. A pivotal factor in the Court's reasoning was the progression of the case; the final report was formally filed on 22.07.2025. Justice Bechu Kurian Thomas observed that while the accusations were severe, the prolonged detention of more than 90 days justified the granting of bail, provided that the victim’s safety and the integrity of the judicial process were strictly protected. The Court opted to impose rigorous conditions to mitigate the risk posed by the accused.

Key Observations

The judgment highlighted the balance between procedural justice and the necessity of preventing pretrial punishment:

• "Considering the fact that petitioner has been in custody from 30.05.2025 and also the fact that final report was filed on 22.07.2025, I am of the view that further detention would amount to punishment before conviction."
• "Considering his young age and also the fact that he has already been in custody for the last more than 90 days, this Court is of the view that he can be released on bail."
• "However, strict conditions shall be imposed to ensure the safety of the victim and to prevent the petitioner from committing further offences."

Court’s Decision

The High Court granted bail to the petitioner upon the execution of a bond for Rs. 50,000 with two solvent sureties. The conditions imposed include a prohibition against contacting the victim or her family, a restriction on entering the jurisdiction of the Kayamkulam Police Station, and a mandate to report to the Investigating Officer on the fourth Saturday of each month. Additionally, the accused is barred from leaving the country without judicial approval. This order ensures that while the accused’s liberty is restored pending trial, the safety of the victim and the public remains a priority.