Kerala High Court
Vishnu vs State Of Kerala on 21 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 9573 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
BAIL APPL. NO. 9573 OF 2025
CRIME NO.363/2025 OF MALA POLICE STATION, THRISSUR
AGAINST THE ORDER/JUDGMENT DATED 02.07.2025 IN BAIL APPL.
NO.6751 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED :
VISHNU, AGED 20 YEARS
S/O. BIJU, THOPPUMTHARA HOUSE,
ERAVATHUR P.O, THRISSUR DISTRICT - 680 734.
BY ADVS.
SRI.SALIM V.S.
SRI.SHANAVAS.S
SHRI.K.MUHAMMED THOYYIB
SRI.M.M.ANSAR
SMT.A.M.FOUSI
SHRI.A.B.AJIN
RESPONDENT/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY, PIN - 682031
ADV.SRI.PRASANTH M.P - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 9573 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.9573 of 2025
...................................................
Dated this the 21st day of August, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the sole accused in Crime No.363/2025 of Mala Police
Station, Thrissur, registered for the offences punishable under Sections
332(b), 64(2)(m), and 65(2) of the Bharatiya Nyaya Sanhita, 2023 and
Section 4(2) r/w Section 3(a), Section 6(1) r/w Section 5(j)(ii) and Section
5(l) of the Protection of Children from Sexual Offences Act, 2012, which
is now pending as S.C.No.781/2025 on the files of the Fast Track Court,
Chalakkudi.
3. The prosecution case is that, on 16.04.2025, the accused had committed
penetrative sexual assault on a 16 year old minor victim, impregnated
her, and thereby committed the offences alleged. Petitioner was
arrested on 29.03.2025 and he has been in custody since then.
4. Heard the learned counsel for the petitioner as well as the learned Public
Prosecutor.
5. Sri.V.S.Salim, the learned counsel for the petitioner submitted that the
entire allegations are false and that the petitioner has been wrongly
implicated as an accused. It was further submitted that even if the entire
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allegations are assumed to be true, the same would only indicate a
romantic relationship between the petitioner and the victim and that too
only on two occasions, and therefore, considering the young age of the
petitioner, he ought to be released on bail. It was also submitted that the
petitioner is willing to abide by any conditions that may be imposed.
6. Sri.Prasanth M.P., the learned Public Prosecutor opposed the application
and submitted that the allegations against the petitioner are serious. It
was submitted that the victim is only 16 years and she gave birth to a
child, and therefore, petitioner ought not to be released on bail. It was
further submitted that notice of this bail application has already been
intimated to the victim through the Investigating Officer and that the
final report has also been filed on 16.05.2025.
7. I have considered the rival contentions.
8. Petitioner is 20 years in age. He is alleged to have impregnated the
minor victim aged 16 years. Petitioner was arrested on 29.03.2025 and
he has been in custody since then. Almost 140 days have elapsed since
the petitioner was taken into custody.
9. Considering the circumstances that, the petitioner is only 20 years in age
and has already undergone incarceration for the last 140 days; I am of
the view that further custody would amount to punishment before
conviction. Further, the final report has already been filed.
10. Having regard to the entire circumstances especially the young
age of the petitioner, I am of the view that continued detention is not
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required, more so since the investigation is over and the final report has
already been filed. Therefore, the petitioner is entitled to be released on
bail on strict conditions.
11. In the result, this application is allowed on the following
conditions:-
(a) Petitioner shall be released on bail on him executing a bond for
Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties
each for the like sum to the satisfaction of the court having
jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not interact with the victim or her family members,
until conclusion of the trial.
(e) Petitioner shall not commit any similar offences while he is on bail.
(f) Petitioner shall not leave the country without the permission of the
jurisdictional Court.
In case of violation of any of the above conditions, or if any modification
or deletion of the conditions are required, the jurisdictional Court shall
be empowered to consider such applications, if any, and pass appropriate
orders in accordance with law, notwithstanding the bail having been
granted by this Court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/21/08/2025
BAIL APPL. NO. 9573 OF 2025
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APPENDIX OF BAIL APPL. 9573/2025
PETITIONER ANNEXURES
ANNEXURE 1 THE TRUE COPY OF THE ORDER DATED 02.05.2025
IN CRL.MP. NO. 2084/2025 OF THE HONOURABLE
FIRST ADDITIONAL DISTRICT AND SESSIONS COURT,
THRISSUR.
