[Cites 3, Cited by 0]
Kerala High Court
Ajayakumar C.V vs State Of Kerala on 9 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:11545
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. 14807 OF 2025
CRIME NO.1403/2025 OF PAMPADY POLICE STATION, KOTTAYAM
PETITIONER/ACCUSED:
AJAYAKUMAR C.V
AGED 34 YEARS
S/O VENUGOPAL, CHITHRA BHAVAN, VELLOOR P.O.,
PAMPADY, KOTTAYAM PIN CODE: 686501
SRI.SOORAJ M KARTHA
SRI.SWARAN JOSE
SMT.VRINDA SOMAN
RESPONDENTS/STATE-INVESTIGATION OFFICER:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 INSPECTOR OF POLICE
PAMPADY POLICE STATION , PAMPADY P.O,
KOTTAYAM DISTRICT, PIN - 686502
3 SATHEESH SAVITHRI (IMPLEADED AS ADDL R3)
S/O PURUSHOTAMA PANICKER, DEEPA SADANAM HOUSE,
VELLOOR P .O., PAMPADY PAMPADY VILLAGE,
KOTTAYAM DISTRICT.
(IMPLEADED AS ADDL R3 AS PER ORDER DTD 27/1/26 IN
CRL MA 1/26)
4 DIVYA SATHEESH (IMPLEADED AS ADDL R4)
W/O. SATHEESH SAVITHRI, DEEPA SADANAM HOUSE,
VELLOOR P .O., PAMPADY PAMPADY VILLAGE,
KOTTAYAM DISTRICT.
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BAIL APPL. NO. 14807 OF 2025
2
(IMPLEADED AS ADDL R4 AS PER ORDER DTD 27/1/26 IN
CRL MA 1/26)
SRI.ASHIK TOM
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 14807 OF 2025
3
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.1403/2025 of Pampady Police Station, Kottayam District. The
offences alleged are punishable under Sections 75(1)(i) and
75(2) of the Bharatiya Nyaya Sanhita, 2023; Section 119(a) of
the Kerala Police Act and Section 8 read with Section 7 of the
Protection of Children from Sexual Offences Act (PoCSO) Act,
2012.
3. The prosecution case, in short, is that the applicant,
with an intention to commit sexual assault on the survivor, on
the festival day of Subramanya Swami Temple, Velloor, Pampady,
took the victim to his car on 23.11.2025 and 24.11.2025 by 7.30
p.m. Later, he kissed the victim, pressed on her breasts and
thereby committed the aforementioned offences.
4. I have heard Sri.Sooraj M.Kartha, the learned counsel
for the applicant, Sri.K.A.Noushad, the learned Senior Public
Prosecutor and Sri.Ashik Tom, the learned counsel for
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BAIL APPL. NO. 14807 OF 2025
respondents Nos.3 and 4. Perused the case diary.
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. Respondents Nos.3 and 4 are the parents of the
victim. They have sworn in an affidavit stating that the case was
originated based on a misunderstanding of the words stated by
the victim during the routine counselling. It is further submitted
that both the families are in a very cordial relationship. The
investigation is almost over. Considering the allegations made
against the applicant, his 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:-
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BAIL APPL. NO. 14807 OF 2025
(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 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
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BAIL APPL. NO. 14807 OF 2025
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
NP
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BAIL APPL. NO. 14807 OF 2025
APPENDIX OF BAIL APPL. NO. 14807 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF THE ORDER DATED 18.12.2025
IN CRL. M C NO. 1636/2025 BEFORE THE
HON'BLE ADDITIONAL DISTRICT AND SESSIONS
COURT-I, KOTTAYAM
RESPONDENT ANNEXURES
Annexure R3(a) THE AFFIDAVIT FILED BY THE FATHER OF THE
SURVIVOR DATED
Annexure R3(b) THE AFFIDAVIT FILED BY THE MOTHER OF THE
SURVIVOR
