Kerala High Court
Sijo Kamal vs State Of Kerala on 21 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.9923 of 2025 1
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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. 9923 OF 2025
CRIME NO.1413/2024 OF Sasthamcotta Police Station, Kollam
AGAINST THE ORDER/JUDGMENT DATED 08.08.2025 IN CMP NO.1949 OF
2025 OF DISTRICT COURT & SESSIONS COURT / RENT CONTROL
APPELLATE AUTHORITY, KOLLAM
PETITIONERS/ACCUSED 2 AND 3:
1 SIJO KAMAL, AGED 27 YEARS, S/O KAMAL, MINI BHAVANAM
RAJAGIRI, MANAKKARA MURI, SASTHAMCOTTA VILLAGE,
SASTHAMCOTTA, KOLLAM, PIN - 690521
2 NOBLE, AGED 34 YEARS, S/O NEPOLIAN, KUZHIVILA
PUTHEN VEETIL RAJAGIRI, MANAKKARA MURI,
SASTHAMCOTTA, KOLLAM, PIN - 690521
BY ADVS. SRI.M.R.SARIN
SMT.S.GREESHMA SHANMUKHAN
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
BY 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:
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BECHU KURIAN THOMAS, J.
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B.A.No.9923 of 2025
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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 are accused 2 and 3 in Crime No.1413 of 2024
of Sasthamcotta Police Station, Kollam, registered for the offences
punishable under Sections 332(b), 74, 75(2), 75(3) and 62 of 64 r/w
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 67A
of the Information Technology Act, 2000.
3. According to the prosecution, on 04.08.2024 at about
3 a.m., the accused had, with an intention to sexually assault the
de facto complainant, trespassed into her house and the first
accused, in an attempt to commit rape, molested her and thereby
the accused committed the offences alleged. Petitioners were
arrested on 23.07.2025 and they have been in custody since then.
5. Heard Sri.Sarin Madhavapanicker Rajendran, the learned
Counsel for the petitioners as well as Sri.Prasanth M.P., the learned
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Public Prosecutor.
6. The learned counsel for the petitioners contended that
the prosecution allegations are false and the incident as alleged
had not occurred. It was further submitted that petitioners have
been in custody from 23.07.2025 and they ought to be released on
bail.
7. The learned Public Prosecutor opposed the bail
application and submitted that an offence under Section 238 of BNS
has also been incorporated at the time of filing the final report. It
was also submitted that first petitioner is involved in two other
crimes, including an offence under the Narcotic Drugs and
Psychotropic Substances Act, 1985 [for short, 'the NDPS Act'], as
well as an offence under Section 307 of the Indian Penal Code,
1860 [for short, 'the IPC'] and hence petitioners ought not to be
released on bail.
8. Petitioners, along with the first accused, had trespassed
into the house of the de facto complainant and the first accused is
alleged to have molested her in an attempt to rape her. The
allegations against the petitioners are serious in nature. Tough the
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specific act of outraging the modesty of the de facto complainant is
attributed to the first accused, considering the period of detention
already undergone by the petitioners, I am of the view that their
continued detention is not required in the circumstances of the
case.
9. Though the learned Public Prosecutor pointed out that
the first petitioner is involved in two other crimes, including an
offence under the NDPS, as well as an offence under Section 307 of
the IPC, I am of the view that since the final report has already
been filed, their further custody is not necessary.
In the result, these bail applications are allowed on the
following conditions:-
(a) Petitioners shall be released on bail on each of them
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)Petitioners shall co-operate with the trial of the case.
(c) Petitioners shall not intimidate or attempt to influence
the witnesses; nor shall they tamper with the evidence or
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contact the victim.
(d) Petitioners shall not commit any similar offences while
they are on bail.
(e) Petitioners shall not leave India without the
permission of the Court having jurisdiction.
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
sp/21/08/2025
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APPENDIX OF BAIL APPL. 9923/2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE ORDER IN CRL.M.C NO
1949/2025 IN THE COURT OF PRINCIPAL
SESSIONS COURT, KOLLAM IN CRIME NO
1413/2024 OF SASTHAMCOTTA POLICE STATION
DATED 8.08.2025
