Sajad A vs State Of Kerala
2025 Latest Caselaw 1641 Ker

Citation : 2025 Latest Caselaw 1641 Ker
Judgement Date : 28 July, 2025

Kerala High Court

Sajad A vs State Of Kerala on 28 July, 2025

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                   2025:KER:55849


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

    MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947

                  BAIL APPL. NO. 8579 OF 2025

        CRIME   NO.245/2025   OF   PALARIVATTOM   POLICE   STATION,

ERNAKULAM AGAINST THE ORDER/JUDGMENT IN CRMC NO.1770 OF 2025

OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL APPELLATE

AUTHORITY, ERNAKULAM.

PETITIONER:

          SAJAD A.,
          AGED 33 YEARS,
          C/O ARIFA BEEVI, KUNNUMPURAM HOUSE,
          CHITTORKONAM, KUTHIRAKULAM P O, VEMBAYAM,
          MANIKKAL, THEAKADA, THIRUVANANTHAPURAM DISTRICT,
          PIN - 695 615.


          BY ADVS.
          SRI.K.MOHAMMED RAFEEQ
          SRI.BIBIN MATHEW
          SRI.P.M.MATHEW
          SRI.AMARNATH R LAL
          SHRI.SANALDEV E.P.
          SMT.VISHNUMAYA ANANDAN
          SHRI.SONYMON ANTONY
          SMT.SHIFANA M.
          SHRI.ABHIJITH P.A.
          SHRI.AKHIL KRISHNAN A.


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, PIN - 682 031.
 Bail Appl. No.8579 of 2025
                                                         2025:KER:55849
                                      -2-


      2      STATION HOUSE OFFICER,
             PALARIVATTOM POLICE STATION,
             ERNAKULAM DISTRICT, PIN - 682 025.

             SMT. SREEJA V., PP


       THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.07.2025,       THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 Bail Appl. No.8579 of 2025
                                                           2025:KER:55849
                                      -3-

                  BECHU KURIAN THOMAS, J.
                  --------------------------------------
                   Bail Appl. No.8579 of 2025
                   ------------------------------------
               Dated this the 28th day of July, 2025

                                   ORDER

This bail application is filed under section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').

2. Petitioner is the first accused in Crime No.245 of 2025 of

Palarivattom Police Station, Ernakulam, registered for the offences

punishable under sections 75(1)(i), 79 and 316(2) r/w Section 3(5) of

the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

3. According to the prosecution, on 12.01.2025, the accused

had sexually assaulted the de facto complainant and outraged her

modesty and thereby committed the offences alleged.

4. I have heard Sri.K.Mohammed Rafeeq., the learned

counsel for the petitioner as well as Smt.Sreeja V., the learned Public

Prosecutor.

5. The learned counsel for the petitioner submitted that the

petitioner has been falsely arrayed as an accused and he has no

involvement in the alleged crime.

6. The learned Public Prosecutor opposed the bail

application.

2025:KER:55849

7. Petitioner is alleged to have touched the de facto

complainant in a manner that caused irritation to her. Though the

allegations are serious in nature, considering the circumstances as

identified from the statement of the de facto complainant, I am of the

view that custodial interrogation of the petitioner is not necessary.

8. In Ashok Kumar v. Union Territory of Chandigarh,

[2024 SCC OnLine SC 274], it has been held that a mere assertion on

the part of the State while opposing the plea for anticipatory bail that

custodial interrogation is required would not be sufficient and that the

State would have to show or indicate more than prima facie case as to

why custodial interrogation of the accused is required for the purpose

of investigation.

9. Taking note of the nature of allegations, this Court is

satisfied that the prosecution had failed to convince the requirement of

a custodial interrogation in the light of the allegations. Accordingly, I

am of the view that petitioner can be grated bail subject to conditions

Accordingly, this application is allowed on the following

conditions:

(a) Petitioner shall appear before the Investigating Officer on 08.08.2025 and shall subject himself to interrogation.

(b) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he 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 before the Investigating Officer.

2025:KER:55849

(c) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner 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 ADS