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Kerala High Court
Jobin Joseph vs State Of Kerala on 23 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 937 of 2026
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2026:KER:15986
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
BAIL APPL. NO. 937 OF 2026
CRIME NO.160/2026 OF ATHIRAPPILLY POLICE STATION, THRISSUR
AGAINST THE ORDER DATED 02.02.2026 IN BAIL APPL. NO.451 OF
2026 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.4:
JOBIN JOSEPH
AGED 36 YEARS, S/O BABY K. THOMAS,
KALLIKKAT HOUSE,
VETTILAPPARA CHIKLAYI DESOM,
ATHIRAPALLI VILLAGE,
THRISSUR, KERALA, PIN - 680721
BY ADVS.
SHRI.MANUMON A.
SHRI.REBIN VINCENT GRALAN
SMT.EDATHARA VINEETA KRISHNAN
SHRI.SANTHOSH.T.P
SMT.ROSNA M. JOY
SMT.GAYATHRI E.S.
SHRI.AVIN KRISHNA M.P.
SMT.ATHIRA SURESH
SHRI.JOHN CHRISTO T.P.
SHRI.AKSHAY KUMAR C.S.
SMT.LINIYA LOVESON
SMT.ANJALI N.S.
SRI.JAYAN KUTTICHAKKU
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR ,
B.A.No. 937 of 2026
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HIGH COURT OF KERALA AT
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
ATHIRAPALLI POLICE STATION ,
THRISSUR RURAL, PIN - 680721
SRI K.A. NOUSHAD (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 937 of 2026
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ORDER
This is the second bail application filed under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short, BNSS) seeking regular bail.
2. The applicant is the accused No.4 in Crime
No.160/2025 of Athirappilly Police Station, Thrissur District.
The offences alleged are punishable under Sections 70(1),
74, 75(1)(i) and 309(1) read with Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section
66E of the Information Technology Act, 2000.
3. The prosecution case, in short, is that accused Nos.
1 to 4, acting with common intention and premeditation to
sexually assault the survivor and gratify their sexual lust by
committing gang rape, on 13.12.2025 at about 21:00 hours,
lured the survivor by promising to arrange a rented house for
her and thereafter, at about 23:00 hours on the same day,
took her to a resort named Greensite at Athirappilly, where
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she was given water laced with MDMA to drink. Thereafter,
accused Nos.1 to 3 committed gang rape on the defacto
complainant, while the applicant bit her lips and caught hold
of her breasts. Accused No.3 threatened to record the
incident on his mobile phone and circulate the same through
social media. Accused No.1 robbed a gold chain and a gold
bangle, weighing one sovereign each, from the defacto
complainant and by committing the said acts, the accused
acted in furtherance of their common intention, mutually
encouraging and aiding each other. Thus, the applicant is
alleged to have committed the aforementioned offences.
4. I have heard Sri.Manumon A., the learned counsel
for the applicant and Sri.K.A.Noushad, 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 present case. The counsel further submitted that no
materials are on record to connect the applicant with the
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alleged crime; hence, he is entitled to bail. On the other
hand, the learned Senior Public Prosecutor submitted that the
alleged incident occurred as a part of the intentional criminal
acts of the applicant, and he is not entitled to bail at this
stage.
6. The applicant was remanded to judicial custody on
24.12.2025. A perusal of the case diary would reveal that the
accusation against the applicant is very serious, and it prima
facie shows a premeditated criminal act on his part. Specific
overt act has been alleged against the applicant. The victim
was brutally gang raped by the applicant and the remaining
accused.
The first bail application was dismissed by this Court
considering the grievous nature of the crime and the specific
overt act alleged against the applicant. While dismissing the
said bail application, this Court has also taken into account
the fact that the applicant does not co-operate with the
investigation. It is pertinent to note that the first bail
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application was dismissed as per Annexure A4 order on
02.02.2026. This bail application has been filed on
08.02.2026, precisely after a week. The learned counsel for
the applicant, relying on Annexure A6 affidavit sworn in by
the defacto complainant, submitted that the matter has been
settled and the defacto complainant has expressed her no
objection in granting bail to the applicant. However, the
learned Senior Public Prosecutor submitted that the applicant
has filed Crl.M.C.No.323 of 2026 before this Court seeking to
quash the proceedings against him, wherein a similar
affidavit of the defacto complainant was produced. Pursuant
to the direction of this Court, the investigating officer
recorded the statement of the defacto complainant, who
specifically and categorically stated that she was not willing
to settle the matter. Accordingly, on 19.02.2026 an order was
passed by this Court in Crl.M.C.No.323 of 2026 that the
victim is not willing to settle the matter and adjourned the
case to 16.03.2026. Therefore, the alleged affidavit sworn in
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by the defacto complainant regarding settlement cannot be
acted upon. There is absolutely no change in circumstances.
The applicant who is involved in a serious offence of gang
rape has approached this Court with a second bail application
within a week of the dismissal of the first bail application,
without any change in circumstances or valid reasons. This
bail application is a frivolous one and nothing but an abuse of
the process of the Court. Accordingly, this bail application is
dismissed with a cost of Rs.3,000/- (Rupees Three Thousand
only), which shall be paid by the applicant before the Kerala
State Legal Services Authority within a period of one week.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
APA
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APPENDIX OF BAIL APPL. NO. 937 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE FIR & FIS IN CRIME 160/2025
OF ATHIRAPALLI POLICE STATION DATED 23/12/2025
ANNEXURE A2 A TRUE COPY OF THE BAIL ORDER IN CRL MP 10949
OF 2025 BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, CHALAKUDY DATED 30/12/2025
ANNEXURE A3 A TRUE COPY OF THE BAIL ORDER IN B.A. NO. 53
OF 2026 DATED 19.01.2026
ANNEXURE A4 A TRUE COPY OF THE BAIL ORDER IN B.A. NO. 451
OF 2026 DATED 02.02.2026
ANNEXURE A5 THE TRUE COPY OF THE PETITION IN CRL.MC 323 OF
2025 DATED 10/01/2026
