[Cites 3, Cited by 0]
Kerala High Court
Ajilan K.B vs State Of Kerala on 13 February, 2026
2026:KER:13216
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
BAIL APPL. NO. 659 OF 2026
CRIME NO.1639/2025 OF SULTHAN BATHERY POLICE STATION, WAYANAD
AGAINST THE ORDER/JUDGMENT DATED 20.01.2026 IN BA NO.25 OF
2026 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - I & RENT
CONTROL APPELLATE AUTHORITY, KALPETTA
PETITIONER:
AJILAN K.B
AGED 26 YEARS
S/O. BASHEER KAVUNGAL HOUSE, PAZHOOR, MOOKUTHIKUNNU
P.O., SULTHAN BATHERY, WAYANAD DISTRICT - 673595.
BY ADVS.
SMT.CELINE JOSEPH
SMT.V.C.ARCHANA
RESPONDENTS:
STATE OF KERALA
THE STATION HOUSE OFFICER SULTHAN BATHERY POLICE
STATION REP. BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
This petition seeking anticipatory bail has been filed by the
sole accused in Crime No.1639/2025 of Sulthan Bathery Police
Station, registered, alleging commission of offences punishable
under Sections 78(1), 351(2), 126(2) of the Bharatiya Nyaya
Sanhita (for short "BNS").
2. The prosecution allegation is that on 06.12.2025 at
07.10 a.m., the accused followed the de facto complainant, aged
15 years, in a Thar Jeep and wrongfully restrained her in front of
the St.Mary's Nooranal Church at Sulthan Bathery and threatened
her and compelled her to board the jeep while she was proceeding
to the Minerva PSC centre. Hence, the accused is alleged to have
committed the above-mentioned offence.
3. I heard Smt. Celine Joseph, the learned counsel
appearing for the petitioner and Smt. Sreeja V., the learned Senior
Public Prosecutor, and have perused the available records.
4. The allegation that the petitioner followed a minor
girl aged 15 years in a jeep and attempted to lure her and
threatened her to enter into the said jeep cannot be viewed lightly.
The incident that led to the registration of this case occurred on
06.12.2025 at 07.10 a.m. From the available records, it is
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gatherable that the accusation against the petitioner is prima facie
well-founded. However, there is no specific allegation that the
petitioner molested or physically assaulted the de facto
complainant. Though the absence of such an allegation does not,
by itself, dilute the gravity of the accusations, it is a relevant factor
to be taken into consideration while adjudicating a petition for
anticipatory bail. Likewise, the nature of the allegations levelled
against the petitioner prima facie indicates that custodial
interrogation may not be necessary for the effective progress of the
investigation. Furthermore, the presence and cooperation of the
petitioner during the course of the investigation can be adequately
secured by imposing appropriate and stringent conditions.
5. Although the learned Senior Public Prosecutor has
brought to my notice that three cases have previously been
registered against the petitioner, two of them are minor offences
under the Motor Vehicles Act, and the third is under Section 27(b)
of the NDPS Act, relating to the consumption of narcotic
substances. This is the first occasion on which the petitioner has
been implicated in a case of this nature. Moreover, the petitioner is
only 26 years old.
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Having regard to the nature of the accusations levelled
against the petitioner, and considering the fact that custodial
interrogation is not necessary for the effective progress of the
investigation, I am inclined to allow this petition on the following
conditions;
1. The petitioner shall surrender before the Investigating
officer between 10.00 a.m. and 12.00 p.m. on
16.02.2026.
2. Upon surrender, if the Investigating Officer finds it
necessary to record the arrest of the petitioner, he shall
be released on bail on execution of a bond for
Rs.1,00,000/- (Rupees One lakh only) with two solvent
sureties each for the like sum to the satisfaction of the
Investigating Officer.
3. The petitioner shall co-operate with the investigation
and 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 or her
from disclosing such facts to the Court or to the
investigating officer.
4. Petitioner shall not commit any offence while on bail.
5. The petitioner shall not contact the de facto complainant
either directly or through any electronic medium.
6. Needless to mention, it would be well within the powers
of the investigating officer to investigate the matter and,
if necessary, to effect recoveries on the information, if
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any, given by the petitioner even while the petitioner is
on bail as laid down by the Hon'ble Supreme Court in
Sushila Aggarwal v. State (NCT of Delhi) and
another [2020 (1) KHC 663].
7. It is made clear that if any of the above conditions are
violated by the petitioner, the prosecution is at liberty to
approach the jurisdictional Court for cancellation of bail
in accordance with law.
Sd/-
JOBIN SEBASTIAN
JUDGE
ANS
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APPENDIX OF BAIL APPL. NO. 659 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR DATED 06.12.2025 IN
CRIME NO.1639/2025 OF THE SULTHAN BATHERY
POLICE
Annexure A2 TRUE COPY OF THE ORDER DATED 20.01.2026 IN
BAIL APPLICATION NO.25/2026 OF THE ADDITIONAL
SESSIONS COURT-1, KALPETTA
