Biju vs State Of Kerala
2025 Latest Caselaw 9543 Ker

Citation : 2025 Latest Caselaw 9543 Ker
Judgement Date : 10 October, 2025

Kerala High Court

Biju vs State Of Kerala on 10 October, 2025

                                                     2025:KER:75253

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MR. JUSTICE GOPINATH P.
 FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
                     CRL.A NO. 1854 OF 2025
   CRIME NO.1906/2025 OF CHAVARA POLICE STATION, KOLLAM
AGAINST THE ORDER DATED 29-09-2025 IN CRMC NO.2455 OF 2025
             OF ADDITIONAL SESSIONS COURT -I, KOLLAM

APPELLANT/ACCUSED 3 AND 4:

    1    BIJU
         AGED 49 YEARS, S/O PAPPACHAN,
         VRINDAVANAM VEEDU, THOTTINU VADAKKUMURI, CHAVARA,
         KOLLAM, PIN - 691 583.

    2    VIKHNESH
         AGED 23 YEARS, S/O BIJU,
         VRINDAVANAM VEEDU, THOTTINU VADKKU MURI, CHAVARA,
         KOLLAM, PIN - 691 583.

         BY ADVS.
                 SRI.AJAYA KUMAR. G
                 SMT.FATHIMA MAJEED



RESPONDENTS/STATE/COMPLAINANT:

    1    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682 031.

    2    XXXXXXXXXX
         XXXXXXXXXX XXXXXXXXXX

         BY ADV SMT. BINDHU.O.V (PP)


     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
10.10.2025,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                         2025:KER:75253
CRL.A NO. 1854 OF 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 29-09-2025 in Crl.M.C No.2455/2025 on the file of

the Additional Sessions Court-I, Kollam, through which that

court dismissed an application for regular bail filed by the

appellants/accused Nos.3 and 4.

2. The appellants are 3rd and 4th accused in

Crime No.1906/2025 of Chavara Police Station,

Kollam district, which has been registered alleging

commission of offences under Sections 189(2), 115(2),

117(2), 118(2), 329(4), 296(b), 351(2), 118(1), 110, 190

and 74 of the Bharatiya Nyaya Sanhita, 2023, Section 8 r/w

Section 7 of the Protection of Children From Sexual

Offences Act, 2012 (POCSO Act), and Sections 3(1)(r),

3(1)(s), 3(1)(w)(i), 3(1)(w)(ii) and 3(2)(va) of the SC/ST Act.

2025:KER:75253 CRL.A NO. 1854 OF 2025

3. The allegation against the appellants is that, on

05-09-2025 at about 2.00 P.M, the appellants entered the

house of the victim (a female child) and attacked one

Suresh and other relatives of the victim. It is alleged that

the accused caused grievous hurt to one Anil by hitting him

with a beer bottle. It is alleged that accused Nos.4, 5 and

14 committed sexual assault on the victim and outraged

the modesty of the victim.

4. The learned counsel appearing for the

appellants/accused Nos.3 and 4 submits that the members

of the family of the victim had attacked and caused serious

injuries to the 2nd accused one week prior to 05-09-2025,

and the appellants and the others had gone to the house of

the victim to question the relatives of the victim regarding

the attack on accused No.2. It is submitted that in order to

prevent any criminal proceedings on account of the attack

against accused No.2, a false case has been registered

against the appellants. It is submitted that though

provisions of the SC/ST Act had been invoked, those 2025:KER:75253 CRL.A NO. 1854 OF 2025

offences will not lie against the appellants, as they also

belong to one of the Scheduled Castes. It is submitted that

the appellants have been in custody since 06-09-2025 and

continued detention of the appellants is not necessary in

the facts and circumstances of the case. It is also

submitted that appellants have no criminal antecedents.

5. Heard the learned Public Prosecutor also. The

learned Public Prosecutor submits that the matter is under

investigation and the grant of bail at this stage may not be

conducive to the investigation. It is submitted that the

allegations against the appellants are serious and the

de facto complainant suffered injuries also. The learned

Public Prosecutor submits that she has not yet obtained

any report regarding the criminal antecedents of the

appellants.

6. Having heard the learned counsel appearing for

the appellants and the learned Public Prosecutor,

and in the facts and circumstances of the case, I am of the

opinion that the appellants can be granted bail subject to 2025:KER:75253 CRL.A NO. 1854 OF 2025

conditions. The appellants have already been in custody

for more than a month. The allegations against the

appellants are as noticed above. The custodial

interrogation of the appellants does not seem necessary for

the purposes of completing the investigation of the crime

registered against them. The learned counsel for the

appellants also asserts that there are no criminal

antecedents as far as the appellants are concerned. Taking

all these facts cumulatively into consideration, I am of the

view that the appellants can be granted bail subject to

conditions.

7. Accordingly, this appeal is allowed, and the

impugned order dated 29-09-2025 in Crl.M.C

No.2455/2025 on the file of the Additional Sessions Court-I,

Kollam, will stand set aside in so far as it relates to the

appellants. It is directed that the appellants shall be

released on bail, subject to the following conditions:-

2025:KER:75253 CRL.A NO. 1854 OF 2025

i The appellants shall execute separate bonds

for sums of Rs. 50,000/- (Rupees Fifty

Thousand only) each with two solvent

sureties each for the like sum to the

satisfaction of the jurisdictional court;

ii The appellants shall appear before the

Investigating Officer, in Crime No.1906/2025

of Chavara Police Station, Kollam district, as

and when called upon to do so;

iii The appellants shall not intimidate the victim

or shall not in any manner establish any

contact with the victim, and shall not in any

manner act in prejudice to the interests of

the victim or other family members of the

victim;

iv The appellants 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 2025:KER:75253 CRL.A NO. 1854 OF 2025

such facts to the Court or to any Police

Officer;

v The appellants shall not tamper with any

evidence in the case;

vi The appellants shall not commit any offence

while on bail.

If any of the aforesaid conditions are violated, the

Investigating officer in Crime No.1906/2025 of Chavara

Police Station, Kollam district, may apply to the

jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P. JUDGE ats 2025:KER:75253 CRL.A NO. 1854 OF 2025

APPELLANTS' ANNEXURES

Annexure A1 TRUE FREE COPY OF THE ORDER DATED 29-9-2025 IN CRL MP NO 2455/2025 ON THE FILE OF THE ADDITIONAL SESSIONS JUDGE-1, KOLLAM.