Binil vs State Of Kerala
2026 Latest Caselaw 1574 Ker

Citation : 2026 Latest Caselaw 1574 Ker
Judgement Date : 13 February, 2026

[Cites 1, Cited by 0]

Kerala High Court

Binil vs State Of Kerala on 13 February, 2026

                                                        2026:KER:13326




                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. 771 OF 2026

 CRIME NO.1351/2025 OF THALAYOLAPARAMBU POLICE STATION, Kottayam


PETITIONER/ACCUSED:

    1     BINIL
          AGED 25 YEARS
          SON OF SASI, PUTHUVALLIL HOUSE, VADAKARA KARA,
          VADAKARA P.O., MEVELLOOR VILLAGE, VAIKOM TALUK,
          KOTTAYAM DISTRICT., PIN - 686605


          BY ADV SRI.C.C.ANOOP


RESPONDENT/STATE/VICTIM:

    1     STATE OF KERALA
          REP.THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM COCHIN, PIN - 682031

    2     XXXXXXXXXX
          XXXXXXXXXX XXXXXXXXXX

    3     XXXXXXXXXX
          XXXXXXXXXX XXXXXXXXXX

          BY ADVs.
          SMT.SREEJA V., SR. PP
          SRI.SARUN RAJAN


         THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
 13.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.771 of 2026
                               -2-


                                                    2026:KER:13326


                            ORDER

This Bail Application is filed under Section 483 of

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').

2. The petitioner herein is the sole accused in Crime

No.1351 of 2025 of Thalayolaparambu Police Station, registered

for the offences punishable under Sections 63(a), 63(d), 63(vi),

64, 75(l)(ii), 75(2), 76 of the Bharatiya Nyaya Sanhita, 2023 and

Sections 4(1) r/w 3(a), 6(l) r/w 5(j)(ii), 5(i) and 8 r/w 7 of the

Protection of Children from Sexual Offences Act, 2012.

3. The prosecution case is that, the accused raped the

victim, aged 17 years, on a day after 05.05.2025 and on another

day after three days, at his brother's room in the house at

Velloor Panchayath and impregnated her. Thus, the accused

allegedly committed the above offences.

4. Heard the learned counsel for the petitioner, the

learned counsel for the defacto complainant and the learned

Senior Public Prosecutor.

5. The learned counsel for the petitioner submitted that

the petitioner is totally innocent of the allegations levelled

2026:KER:13326

against him. According to the learned counsel, the petitioner

and the defacto complainant were in thick love and the

allegation that, she is a minor is absolutely baseless. According

to the learned counsel, still the petitioner is ready to marry the

defacto complainant. Moreover, it is submitted that the

investigation in this case is practically over and further judicial

incarceration of the petitioner will serve no purpose.

6. Sri.Sarun Rajan, learned counsel appearing for the

defacto complainant also submitted that the petitioner and the

defacto complainant were lovers and they decided to marry.

7. The learned Senior Public Prosecutor opposed the

bail application by highlighting the fact that the victim of this

offence is a minor. It is submitted that the investigation in this

case is over and the final report has been laid. Moreover, the

learned Senior Public Prosecutor, on instructions submitted

that the petitioner and the defacto complainant have decided to

marry.

8. The accusation that the petitioner committed

penetrative sexual assault on a minor girl aged seventeen years

2026:KER:13326

cannot be viewed lightly. Further, the allegation that the

petitioner was got pregnant by the act of the accused, makes the

matter more grave. The submission made by the learned Senior

Public Prosecutor reveals that it was the petitioner who brought

the defacto complainant to the hospital, suspecting a

pregnancy, and on examination, a pregnancy of 5 ½ months

was detected. Thereafter, she went to the house. Subsequently,

it was on a visit made by an Asha Worker that the matter

involved in this case was brought to light. Following the same,

the Police recorded the statement of the victim and the case

happened to be registered.

9. As there is specific allegation that the petitioner is a

minor, the contention of the learned counsel for the petitioner

as well as the defacto complainant that they were in a

relationship cannot be accepted. However, the question

whether the petitioner was actually a minor at the time of

commission of offence is a matter of evidence, which can be

relegated to be considered at the time of trial. However, the fact

that the petitioner is an unmarried man aged 25 years has to be

2026:KER:13326

taken note of while considering this petition. He is in judicial

custody for more than 45 days. The potency examination of the

petitioner has already been conducted. Likewise, the statement

of the victim has been recorded under Section 183 of the BNSS.

Virtually, the investigation in this case appears to have crossed

its major and crucial part, and is on the verge of completion.

Notably, no criminal antecedents have been pointed out against

the petitioner.

10. Hence having regard to all the above aspects, I am

inclined to allow this petition on the following conditions:

1. The petitioner shall be released on bail on executing

a bond for Rs.50,000/- (Rupees Fifty Thousand only)

with two solvent sureties each for the like sum to the

satisfaction of the jurisdictional Court.

2. The petitioner shall appear before the Investigating

Officer on every alternate Friday between 10.00 a.m and

12 noon, for a period of three months or till the

completion of the investigation, whichever event occurs

first.

2026:KER:13326

3. The petitioner shall appear before the investigating

officer for interrogation as and when he is required to do

so in writing, apart from the days mentioned above, till

the completion of the investigation.

4. 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/her from disclosing such

facts to the Court or to the investigating officer.

5. The petitioner shall not commit any offence while on

bail.

6. 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 AS

2026:KER:13326

APPENDIX OF BAIL APPL. NO. 771 OF 2026

PETITIONER'S ANNEXURES:

ANNEXURE A1 TRUE COPY OF THE MEDICAL TREATMENT CERTIFICATE OF THE VICTIM ISSUED FROM THE GOVT MEDICAL COLLEGE HOSPITAL KOTTAYAM (SEALED COVER) ANNEXURE A2 THE TRUE FREE COPY OF THE ORDER DATED 3.2.2026 IN B.A NO. 88/2026 IN CRIME NO.

1351/2025 OF THALAYOLAPARAMBU POLICE STATION, KOTTAYAM DISTRICT, PASSED BY THE HON'BLE COURT OF SESSIONS, KOTTAYAM DIVISION

RESPONDENTS' ANNEXURES: NIL

TRUE COPY

P.A. TO JUDGE