Citation : 2026 Latest Caselaw 1756 Ker
Judgement Date : 18 February, 2026
2026:KER:14659
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
BAIL APPL. NO. 788 OF 2026
CRIME NO.693/2025 OF RAMANKARY POLICE STATION, ALAPPUZHA
PETITIONER/ACCUSED:
PRATHAPAN K.G.,
AGED 50 YEARS
S/O GOPI,KOCHUTHARA HOUSE, KIDANGARA DESHAM,
VELIYANAD, KUTTANAD, ALAPPUZHA, PIN - 689590
BY ADVS.
SRI.SOORAJ T.ELENJICKAL
SHRI.M.A.JOSEPH MANAVALAN
SMT.RENUKA VENU
SMT.HELEN P.A.
SHRI.ATHUL ROY
SHRI.INDRAJITH DILEEP
SMT.AMALA ANNA THOTTUPURAM
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.(CRIME NO.693/2025 OF RAMANKARY
POLICE STATION), PIN - 682031
SMT.SREEJA V., SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.788 of 2026
-2-
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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.693/2025 of Ramankary Police Station, Alappuzha District.
The offences alleged are punishable under Section 108(1) of the
Bharatiya Nyaya Sanhita, 2023 (for short, BNS) and Sections
66E and 67 of the Information Technology Act, 2000.
3. The prosecution case, in short, is that the deceased
who was working as kitchen staff in a toddy shop had nurtured
love relationship with the applicant, who was the cook cum
supplier in the toddy shop and the applicant had captured
screen shots of the deceased in semi-nude form during their
video call chattings and the applicant had threatened the
deceased of publishing the screen shot images after sending the
same to the mobile phone of the deceased on the fateful day
and the deceased had hanged herself fearing the consequences
and thereby committed the offences.
4. I have heard Sri.Sooraj Thomas Elenjickal, the
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learned counsel for the applicant and Smt.Sreeja V., the learned
Senior Public Prosecutor. 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. The case records would show that the applicant and
the deceased were working in a toddy shop and they were in
love. They had exchanged their nude photos. The allegation is
that after their relationship got strained, the applicant
threatened that he will publish the nude photos of the victim
and accordingly fearing the consequence, the deceased
committed suicide. There is nothing to suggest that the
applicant has intentionally instigated or aided the deceased to
commit suicide so as to attract the offence under Section 108 of
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BNS. The applicant has no criminal antecedents. 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:-
(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
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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 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:14659
APPENDIX OF BAIL APPL. NO. 788 OF 2026
PETITIONER'S ANNEXURES:
Annexure -I THE CERTIFIED COPY OF THE ORDER DATED 29.01.2026 IN B.A. NO. 64/2026 ON THE FILES OF THE SESSIONS JUDGE, ALAPPUZHA
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
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