Citation : 2026 Latest Caselaw 1806 Ker
Judgement Date : 19 February, 2026
2026:KER:14997
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 19TH DAY OF FEBRUARY 2026 / 30TH MAGHA, 1947
BAIL APPL. NO. 14008 OF 2025
CRIME NO.996/2025 OF KUMILY POLICE STATION, IDUKKI
PETITIONER/PETITIONER/3RD ACCUSED:
1 VELUTHAI ASHOKAN,
AGED 51 YEARS
W/O ASHOKAN,,ASHOKAN HOUSE, MALEVAZHAVEEDU,
PAMPUPARA P.O.,CHAKKUPALLAM VILLAGE,
IDUKKI DISTRICT, PIN - 678624
BY ADVS.
SHRI.P.CHANDY JOSEPH
SRI.C.K.VIDYASAGAR
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM DISTRICT, PIN - 682031
2 STATION HOUSE OFFICER,
KUMILY POLICE STATION, IDUKKI DISTRICT, PIN - 685509
SMT.SREEJA V., SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.14008 of 2025
-2-
2026:KER:14997
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 accused No.3 in Crime
No.996/2025 of Kumaly Police Station, Idukki District. The
offences alleged are punishable under Sections 296 (b), 74,
126(2) and 115(2) read with Section 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 01.10.2025
at 5.30 p.m., the applicant and the remaining accused
assaulted the defacto complainant, also outraged her modesty
and thereby committed the offences.
4. I have heard Sri.P.Chandy Joseph, the 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;
2026:KER:14997
hence, she 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 she is released on bail at this stage, it will affect the
course of the investigation.
6. The applicant is a lady aged 51 years. She is the
mother of the accused No.1 and wife of the accused No.2.
Accused Nos.1 and 2 were already arrested. No specific overt
act has been alleged against the applicant. The main allegations
are against accused Nos.1 and 2. The applicant has no criminal
antecedents. Considering the allegations made against the
applicant, her 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
her 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.
2026:KER:14997
(ii) The applicant shall fully cooperate with the
investigation, including subjecting herself 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. She 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 conditions or cancellation of bail on the grounds of violating
the bail conditions shall be filed at the jurisdictional court.
Sd/-
DR. KAUSER EDAPPAGATH SKP JUDGE 2026:KER:14997APPENDIX OF BAIL APPL. NO. 14008 OF 2025
PETITIONER'S ANNEXURES:
Annexure A1 TRUE PHOTOCOPY OF THE FIS DATED 02.10.2025 OF KUMILY POLICE STATION Annexure -A2 TRUE PHOTOCOPY OF THE FIR DATED 02.10.2025 FILED BY THE DE-FACTO COMPLAINANT BEFORE THE KUMILY POLICE STATION Annexure A3 THE TRUE PHOTOCOPY OF THE DISABILITY CERTIFICATE DATED 07.09.2010 ISSUED FROM TAMIL NADU MEDICATION COLLEGE HOSPITAL THENI, TO THE PETITIONER Annexure A 4 THE TRUE PHOTOCOPY OF THE TREATMENT CERTIFICATES OF PETITIONER THE DATED 01.10.2025 ISSUED FROM THE ST, JOHN'S HOSPITAL, KATTAPPANA Annexure A5 CERTIFIED COPY OF ORDER DATED 22.10.2025 IN CRL. M C NO.630/2025 OF THE SESSIONS COURT, THODUPUZHA
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
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