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:
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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
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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
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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
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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
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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
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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.
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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
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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)
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
