[Cites 2, Cited by 0]
Kerala High Court
Adithyan S vs The Station House Officer on 2 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:8596
BAIL APPL. NO. 13711 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
BAIL APPL. NO. 13711 OF 2025
CRIME NO.1424/2025 OF Sasthamcotta Police Station, Kollam
AGAINST THE JUDGMENT DATED 25.10.2025 IN Bail Appl.
NO.11836 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
ADITHYAN S
AGED 20 YEARS
S/O SREEKUMAR B,MANJUBHAVANAM MANAKKARA,
SASTHAMKOTTA P.O,KOLLAM, PIN - 690521
BY ADV SMT.KAVERY S THAMPI
RESPONDENT/STATE & COMPLAINANT:
1 THE STATION HOUSE OFFICER
SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT,
PIN - 690521
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
BY ADV.SRI.M.C ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 02.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:8596
BAIL APPL. NO. 13711 OF 2025
2
ORDER
This application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking pre-arrest bail.
2. The applicant is the accused No.1 in Crime
No.1424/2025 of Sasthamcotta Police Station, Kollam District.
The offences alleged are punishable under Sections 64(2)(f)
and 65(1) of the Bharatiya Nyaya Sanhita, 2023 (for short,
BNS) and Section 4(2) read with Section 3(b), Section 6 read
with Section 5(m)(n) and Section 21 read with Section 19 of
the Protection of Children from Sexual Offences Act, 2012
(PoCSO Act).
3. The prosecution case, in short, is that
between 06.06.2025 and 18.07.2025, the applicant committed
penetrative sexual assault on the victim by penetrating his
hands into her vagina and thereby committed the offences.
4. I have heard Smt.Kavery.S.Thampi, the
learned counsel for the applicant and Sri.M.C.Ashi, the learned
Senior Public Prosecutor. Perused the case diary.
2026:KER:8596
BAIL APPL. NO. 13711 OF 2025
5. The learned counsel for the applicant
submitted that the applicant is innocent and has been falsely
implicated in the present case. The counsel further submitted
that no materials are on record to connect the applicant with
the alleged crime; hence, he is entitled to bail. The learned
Senior Public Prosecutor, on the other hand, submitted that
the alleged incident occurred as part of the applicant's
intentional criminal acts, and if he is released on bail at this
stage, it will affect the course of the investigation.
6. The law regarding the grant or refusal of pre-
arrest bail is well settled. Pre-arrest bail cannot be granted as
a matter of course. The power under Section 482 of BNSS
could be exercised only when a special case is made out, that
too, recording reasons thereof. Perusal of the case diary
reveals that the accusation made against the applicant is very
serious in nature, and it prima facie shows a premeditated
criminal act on his part.
7. The applicant has approached this Court with
an application for anticipatory bail on an earlier occasion. As
per Annexure C order, this Court dismissed the said
application holding that the offence alleged against the
2026:KER:8596
BAIL APPL. NO. 13711 OF 2025
applicant is grievous in nature and the granting of anticipatory
bail would adversely affect the progress of the investigation.
The said order has been passed on 25.10.2025. Now the
applicant has come up with another application for
anticipatory bail alleging that there is change of circumstances
in view of Annexure D agreement alleged to have been
executed between the father of the applicant and the
grandmother of the victim that the matter has been settled.
The said agreement is dated 17.10.2025. Since it was
executed prior to the dismissal of Annexure C, the contents
therein cannot be termed as a change of circumstances. That
apart, when a 4 year old victim has been brutally sexually
assaulted by her own relative, the grandmother of the victim
has no locus standi to enter into a compromise. I went through
the allegation in the First Information Statement. The
allegation is serious in nature. As stated already, a 4 year old
victim was subjected to penetrative sexual assault by her own
relative.
8. The investigation is in a preliminary stage.
The custodial interrogation of the applicant is necessary for
the investigation. As rightly argued by the learned Senior
2026:KER:8596
BAIL APPL. NO. 13711 OF 2025
Public Prosecutor, the possibility of the applicant influencing
the witnesses and interfering with the investigation cannot be
ruled out if he is released on bail. Considering the gravity of
the offence and stage of the investigation, I am of the view
that this is not a fit case where the extraordinary jurisdiction
vested with this Court under Section 482 of BNSS could be
invoked. The bail application is, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
Mn
2026:KER:8596
BAIL APPL. NO. 13711 OF 2025
APPENDIX OF BAIL APPL. NO. 13711 OF 2025
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.1424 OF 2025 OF
SASTHAMCOTTA POLICE STATION ALONG WITH
THE FIRST INFORMATION STATEMENT
Annexure B A TRUE COPY OF THE ORDER DATED
10.09.2025 IN CRL.M.C NO.2303/2025 ON
THE FILES OF THE COURT OF THE
ADDITIONAL SESSIONS JUDGE-1, KOLLAM/
DISTRICT AND SESSIONS COURT KOLLAM
Annexure C A TRUE COPY OF THE ORDER DATED
25.10.2025 IN BAIL APPL. NO. 11836 OF
2025 OF THIS HON'BLE COURT
Annexure D A TRUE COPY OF THE AGREEMENT DATED
6.10.2025 ENTERED BETWEEN THE
PETITIONER'S FATHER MR. SREEKUMAR AND
THE DEFACTO COMPLAINANT SMT. SARASA
Annexure E A TRUE COPY OF THE LETTER ISSUED BY
RETD SUB MAJOR/ HONY LT FROM INDIAN
ARMY ON 1.11.2025
