Kerala High Court
Biju Paulose vs State Of Kerala on 7 August, 2025
2025:KER:59022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TH
THURSDAY, THE 7 DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
CRL.A NO. 1264 OF 2025
CRIME NOS.157/CB/KNR & KSD/R/25 REGISTERED BY CRIME BRANCH
KANNUR & KASARAGOD (ORIGINALLY REGISTERED AGAINST CRIME
NO.44/2011 OF AMBALATHARA POLICE STATION, KASARAGOD)
AGAINST THE ORDER DATED 30.06.2025 IN CRMC NO.891 OF 2025 OF
SESSIONS COURT, KASARAGOD DIVISION.
APPELLANT/PETITIONER/ACCUSED:
BIJU PAULOSE
AGED 52 YEARS, S/O PAULOSE,
CHEMBALIL HOUSE, PANATHUR, HOSDURG TALUK, KASARGODE,
PIN - 671 535.
BY ADV SRI.GIKKU JACOB
RESPONDENTS/RESPONDENTS & COMPLAINANT (STATE):
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 SUPERINTENDENT OF POLICE CRIME BRANCH
KANNUR& KASARGODE, S P OFFICE ROAD,
NEAR RAILWAY STATION, THAVAKKARA, KANNUR,
PIN - 670 001.
3 M.C RAMAN
AGED 51 YEARS
RAM NIVAS, MOYALAM, SARKARI P.O, THAYANNUR,
VELLARIKUND, KASARGODE, PIN - 671 533.
BY ADV. RENJIT GEORGE (SR PP)
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
07.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:59022
CRL.A 1264/2025 2
JUDGMENT
This is an appeal filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), challenging the order dated 30-06-2025 in Crl.M.C No.891/2025 on the file of the Sessions Court, Kasaragod Division, through which an application for regular bail filed by the appellant was dismissed by that Court.
2. The appellant is the accused in Crime Nos.157/CB/KNR & KSD/R/25 of the Crime Branch Kannur & Kasaragod (originally registered against Crime No.44/2011 of Ambalathara Police Station, Kasaragod), which has been registered alleging commission of offences under Sections 366 and 376 of the Indian Penal Code, 1860, and Section 3(2)(v) of the SC/ST Act. A minor girl - M.C.Reshma (who belongs to an ST community) was missing from May 2010. The father of the missing girl had been continuously demanding a fair 2025:KER:59022 CRL.A 1264/2025 3 and thorough investigation into the case of his missing daughter. Based on the directions issued by a Division Bench of this Court, the investigation was entrusted to the Crime Branch. According to the prosecution, evidence was received during the investigation by the Crime Branch that the appellant had established a relationship with the missing minor girl. It is stated that the appellant kidnapped her and had sexual relationships with her. Presently, the Crime Branch is actively pursuing and conducting an investigation into the question as to whether the appellant had killed the victim and buried her at the 'Pavithram Kayam', a wetland near Kanhangad.
3. The learned counsel appearing for the appellant submits that the appellant has been arrayed as the accused in the case based on certain surmises and conjectures, and only to establish before this Court that a thorough investigation had been conducted into the man missing case registered in respect of the missing girl. It is 2025:KER:59022 CRL.A 1264/2025 4 submitted that the incident relates to the year 2010, and at this distance of time, no material could be unearthed to show that the appellant was in any manner involved with the matter. It is submitted that the appellant has been in custody for the past 84 days, and further detention of the appellant is not necessary in the facts and circumstances of the case. It is submitted that the appellant will be entitled to statutory bail in another six days' time, as it is unlikely that the Final Report will be filed within that time. It is submitted that the appellant will cooperate with the investigation, and the continued detention of the appellant is not necessary in the facts and circumstances of the case.
4. The learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that the investigation conducted thus far reveals that the appellant had maintained a very close relationship with the victim and had been in the company of the victim around the time when she went missing. It is submitted that certain human 2025:KER:59022 CRL.A 1264/2025 5 remains have been recovered from the Thalangara Harbour, which are believed to be the remains of the missing girl, and since advanced tests are required to determine that question, the remains have been forwarded to the Forensic Science Laboratory at Hyderabad, and the report is awaited. It is submitted that the submission of the learned counsel for the appellant that the appellant has been roped in only to satisfy this Court that a proper investigation has been conducted by the Crime Branch and without any material is incorrect.
5. Having heard the learned counsel appearing for the appellant and the learned Public Prosecutor and considering the facts and circumstances of the case, I am of the view that the appellant can be granted bail subject to conditions. The appellant has been in custody for 84 days. He is entitled to statutory bail in another six days' time. It is unlikely that a Final Report will be filed before the appellant becomes entitled to statutory bail, as even 2025:KER:59022 CRL.A 1264/2025 6 going by the submission of the learned Public Prosecutor, the report of the Forensic Science Laboratory at Hyderabad is awaited. Therefore, without going into any other aspect of the matter, I am of the view that the appellant can be granted bail subject to conditions to ensure that he co-operates with the investigation.
6. Accordingly, this appeal is allowed, and the impugned order dated 30-06-2025 in Crl.M.C No.891/2025 on the file of the Sessions Court, Kasaragod Division, will stand set aside. It is directed that the appellant shall be released on bail, subject to the following conditions:-
i. The appellant shall execute a bond for a sum of Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;
ii. The appellant shall appear before the
Investigating Officer in Crime
Nos. 157/CB/KNR & KSD/R/25 registered by 2025:KER:59022 CRL.A 1264/2025 7 Crime Branch Kannur & Kasaragod, as and when called upon to do so;
iii. The appellant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer; iv. The appellant shall not tamper with any evidence in the case;
v. The appellant shall surrender his passport before the jurisdictional court. If the appellant does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;
vi. The appellant shall not commit any offence while on bail.
2025:KER:59022 CRL.A 1264/2025 8 If any of the aforesaid conditions are violated, the Investigating Officer in Crime Nos. 157/CB/KNR & KSD/R/25 registered by the Crime Branch, Kannur & Kasaragod, may apply to the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P. JUDGE ats 2025:KER:59022 CRL.A 1264/2025 9 APPENDIX OF CRL.A 1264/2025 APPELLANT'S ANNEXURES Annexure A1 TRUE COPY OF THE FIR DATED 27-01-2011 IN CRIME NO.44 OF 2011 OF AMBALATHARA POLICE STATION, KASARGODE Annexure A2 TRUE COPY OF THE JUDGEMENT DATED 22-09-2011 IN WPC NO.24571/2011 OF THIS HON'BLE COURT.
Annexure A3 TRUE COPY OF THE INVESTIGATION
PROGRESS REPORT DATED 09-06-2025
SUBMITTED BY THE PRESENT INVESTIGATION OFFICER BEFORE THE DIVISION BENCH OF THIS HON'BLE COURT IN W.P.(CRL) NO.279/2021 Annexure A4 TRUE COPY OF THE BANK STATEMENT OF THE APPELLANT DATED 23-11-2023 TO 30-11-2023 Annexure A5 TRUE COPY OF THE WHATSAPP CHAT BETWEEN THE DY.SP SUNI AND APPELLANT'S DAUGHTER Annexure A6 TRUE ACCUSED COPY OF THE JUDGMENT DATED 30-06-2025 IN CRL. M C NO.891 OF 2025 OF THE COURT OF SESSION, KASARGODE DIVISION