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Kerala High Court
Prasanna Mandal vs State Of Kerala on 27 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No. 1076 of 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 27TH DAY OF FEBRUARY 2026 / 8TH PHALGUNA, 1947
BAIL APPL. NO. 1076 OF 2026
CRIME NO.317/2025 OF VALIYATHURA POLICE STATION,
THIRUVANANTHAPURAM
IN SC NO.1430 OF 2025 OF ADDITIONAL DISTRICT & SESSIONS COURT
(ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN),
THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
PRASANNA MANDAL
AGED 25 YEARS
S/O KHADEN MANDAL,
CHARBABUPUR, BEGUNTOLA,
CHARBABUPUR, MAIDAH,
WEST BENGAL, PIN - 732127
BY ADVS.
SRI.J.R.PREM NAVAZ
SRI.S.DILEEP SATHYAN
SHRI.MUHAMMED SWADIQ
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM DISTRICT, PIN - 682031
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No. 1076 of 2026
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ORDER
This application is filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS),
seeking regular bail.
2. The applicant is the sole accused in Crime
No.317/2025 of Valiyathura Police Station,
Thiruvananthapuram District. The offences alleged are
punishable under Sections 329(3), 126(2), 115(2), 74, 75,
75(1)(i), 75(2), 62 and 64 of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that on
10.03.2025 at about 10:45 p.m., when the defacto
complainant stepped outside her residence, the applicant
wrongfully restrained her and forcibly caught hold of her. It is
alleged that when she raised an alarm, the applicant gagged
her by pressing a cloth into her mouth with the intention of
preventing her from shouting. The prosecution further
contends that he attempted to compel her to lie on the floor,
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but the defacto complainant resisted and succeeded in
pushing him away. It is also alleged that the applicant
voluntarily caused hurt by repeatedly assaulting her with his
fists, tore her blouse during the scuffle, and attempted to
commit rape on her and thereby committed the offences.
4. I have heard Sri.J.R.Prem Navaz, 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
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
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12.03.2025. The investigation is over and the final report has
already been filed. The applicant has no criminal antecedents.
For these reasons, I do not find any reason to hold that the
continued detention of the applicant is required for any
purpose. Hence, the applicant is entitled to be released on
bail.
In the result, the application is allowed on the following
conditions: -
(i) The applicant shall be released on bail 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 jurisdictional Magistrate/Court.
(ii) The sureties shall be from the State of Kerala.
(iii) The applicant shall not commit any offence of a like
nature while on bail.
(iv) 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
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or influence any witnesses or other persons related to the
investigation.
(v) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
(vi) The application, if any, for deletion/modification of
the 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
APA
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APPENDIX OF BAIL APPL. NO. 1076 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO: 317 OF
2025 OF VALIYATHURA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT
ANNEXURE A2 THE TRUE COPY OF FINAL REPORT/CHARGE SHEET IN
CRIME NO: 317 OF 2025 OF VALIYATHURA POLICE
STATION, THIRUVANANTHAPURAM DISTRICT
ANNEXURE A3 THE TRUE COPY OF THE ORDER DATED 13.01.2026 IN
CRIMINAL MP NO: 01 OF 2026, PASSED BY THE COURT
OF ADDITIONAL DISTRICT AND SESSIONS COURT
(POCSO), THIRUVANANTHAPURAM
