Rethul Thulaseedharan T.L vs State Of Kerala
2026 Latest Caselaw 1353 Ker

Citation : 2026 Latest Caselaw 1353 Ker
Judgement Date : 9 February, 2026

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Kerala High Court

Rethul Thulaseedharan T.L vs State Of Kerala on 9 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                              2026:KER:11601

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

     MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947

                    BAIL APPL. NO. 14631 OF 2025

       CRIME NO.39/2025 OF MEDICAL COLLEGE POLICE STATION,

                           THIRUVANANTHAPURAM


PETITIONER/SOLE ACCUSED:

            RETHUL THULASEEDHARAN T.L.,
            AGED 26 YEARS
            T/C.NO.16/177, LEELA NIVAS, AAKULAM ROAD, MEDICAL
            COLLEGE, THIRUVANANTHAPURAM, PIN - 695011


            BY ADVS.
            SRI.SABU S.KALLARAMOOLA
            SRI.LEEJOY MATHEW.V.
            SMT.AJITHA V.K. NAIR



RESPONDENT/COMPLAINANT:

            STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031


            SRI.M.C. ASHI, SR. PUBLIC PROSECUTOR


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
09.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.14631 of 2025
                                       -2-

                                                               2026:KER:11601




                                  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 sole accused in Crime

No.39/2025 of Medical College Police Station,

Thiruvananthapuram District. The offences alleged are

punishable under Sections 296(b), 74 and 351(2) of the

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

3. The prosecution case, in short, is that on 05/09/2024

at about 9:00 a.m., the applicant due to the enmity towards the

defacto complainant for demanding money borrowed from her,

uttered abusive words to her, caused annoyance at the

premises of RCD car wash conducted by his elder brother and

showing a stick intimidated her causing fear of death.

Thereafter, he used criminal force, pulled her shawl and thereby

outraged her modesty.

4. I have heard Sri.Sabu S., the learned counsel for the

applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor.

Perused the case diary.

2026:KER:11601

5. The learned counsel for the applicant submitted that

the applicant is innocent and has been falsely implicated in the

above crime. 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. A reading of the FIS would show that there was

some financial transaction between the brother of the applicant

and the victim. The incident in question took place when the

victim went to the shop of the applicant to demand back money

from the brother of the applicant in connection with the said

transaction. At that time, the applicant was also there. The only

non-bailable offence alleged is under Section 74 of the BNS.

The allegation is that the applicant using a stick pulled the

shawl of the churidar worn by the victim. There is nothing to

suggest that the said act was done with the intention to outrage

her modesty. The applicant has no criminal antecedents.

Considering the allegations made against the applicant, his

2026:KER:11601

custodial interrogation seems unnecessary. For these reasons, I

find this to be an appropriate case to grant pre-arrest bail to

the applicant.

In the result, the application is allowed on the following

conditions:-

(i) The applicant shall be released on bail in the event of

his arrest on executing a bond for Rs.1,00,000/- (Rupees One

lakh only) with two solvent sureties for the like sum each to the

satisfaction of the arresting officer/investigating officer, as the

case may be.

(ii) The applicant shall fully cooperate with the

investigation, including subjecting himself to the deemed police

custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating

officer between 10.00 a.m. and 11.00 a.m. every Saturday until

further orders. He shall also appear before the investigating

officer as and when required.

(iv) The applicant shall not commit any offence of a like

nature while on bail.

(v) The applicant shall not attempt to contact any of the

prosecution witnesses, directly or through any other person, or

2026:KER:11601

in any other way try to tamper with the evidence or influence

any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala

without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of

bail conditions or cancellation of bail on the grounds of violating

the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE SKP

2026:KER:11601

APPENDIX OF BAIL APPL. NO. 14631 OF 2025

PETITIONER'S ANNEXURES:

Annexure-1 TRUE COPIES OF PAYMENTS RECEIPTS MADE TO THE DEFACTO COMPLAINANT ON DIFFERENT DATES FROM THE ACCOUNT OF PETITIONER'S BROTHER, MR.RAHUL THULASEEDHARAN Annexure-2 CERTIFIED COPY OF THE ORDER DATED 12-11-