[Cites 9, Cited by 0]
Kerala High Court
Nobin Viji vs State Of Kerala on 20 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:4585
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 20TH DAY OF JANUARY 2026 / 30TH POUSHA, 1947
BAIL APPL. NO. 13801 OF 2025
CRIME NO.543/2025 OF PARASSALA POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE JUDGMENT DATED 07.10.2025 IN Bail Appl.
NO.12311 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
NOBIN VIJI
S/O MINIMOL, PATHIRIYODU PUTHEN VEEDU,
MURAYANKARA, PARASSALA.P.O.,
THIRUVANANTHAPURAM, PIN - 695502
SRI.MUHAMMED SWADIQ
SRI.J.R.PREM NAVAZ
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
SRI.M.C.ASHI, SR. PP.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:4585
BAIL APPL. NO. 13801 OF 2025
2
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.543/2025
of Parassala Police Station, Thiruvananthapuram District. The
offences alleged are punishable under Sections 376 and 506(i) of
the Indian Penal Code, 1860; Sections 64(1), 64(2)(f) and 351(1)
of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'); Section 75
of the Juvenile Justice (Care and Protection of Children) Act, 2015
(for short 'JJ Act') and Sections 4(2) read with 3(a) and Section 6
read with 5(j)(ii), 5(l), 5(n) and 5(p) of the Protection of Children
from Sexual Offences Act, 2012, (for short 'PoCSO Act).
3. The prosecution case, in short, is as follows:- the victim
and the applicant are brother and sister. The victim is now aged
15 years and studying in 10th standard. While the victim was
studying in 9th standard, the applicant took her to his bedroom,
forcefully removed her dress and indulged in sexual intercourse
with her. Thereafter, on multiple occasions, the applicant
committed similar acts on her. Subsequently, the victim became
2026:KER:4585
BAIL APPL. NO. 13801 OF 2025
pregnant and thereby the applicant is alleged to have committed
the offences.
4. I have heard Sri.Vishnuprasad Nair, the learned counsel
for the applicant and Sri.M.C. Ashi, 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
28.03.2025. The applicant is aged 19 years and the victim is aged
15 years. They are siblings. It is true that the allegation is serious
in nature. However, the alleged acts took place when both of them
were minors. The applicant is in custody from 28.03.2025. The
investigation is over and the final report has already been filed.
The victim is a native of Thiruvananthapuram. It is submitted that
the applicant is pursuing a Diploma in Agricultural Sciences at
2026:KER:4585
BAIL APPL. NO. 13801 OF 2025
Pattambi. When this bail application came up for hearing on the
last posting date, the learned counsel for the applicant was
directed to file an affidavit of any relative of the applicant who will
provide shelter to him. Accordingly, the husband of the applicant's
mother's sister has sworn in an affidavit stating that he is
prepared to permit the applicant to reside along with him. His
house is situated in Tamil Nadu. Considering all these facts, I am
of the view that bail can be granted to the applicant with a strict
condition that he shall not in any way meet or contact the victim
or enter into Thiruvananthapuram district where the victim
resides.
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 applicant shall not in any way contact the victim,
either personally or over the phone.
(iii) The applicant shall not enter into the jurisdiction of
Thiruvananthapuram district.
2026:KER:4585
BAIL APPL. NO. 13801 OF 2025
(iv) The applicant shall reside along with his mother's
sister's husband, namely Sri.Vargeesh Appavu, at his residence in
Tamil Nadu. However, he is permitted to pursue his studies at
Pattambi.
(v) The applicant shall not commit any offence of a like
nature while on bail.
(vi) 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.
(vii) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
(viii) 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
NP
2026:KER:4585
BAIL APPL. NO. 13801 OF 2025
APPENDIX OF BAIL APPL. NO. 13801 OF 2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF HTE CHARGE SHEET IN
CRIME NO.543 OF 2025 OF PARASSALA POLICE
STATION, THIURVANANTHAPURAM DISTRICT.
Annexure A2 ORDER DATED 07-10-2025 IN BAIL APPL.
NO.12311/2025 ON HIGH COURT
Annexure A3 THE TRUE COPY OF THE ORDER DATED
14.10.2025 IN CMP NO: 535 OF 2025 PASSED
BY THE FAST TRACK SPECIAL COURT-II,
NEYYATTINKARA THIRUVANANTHAPURAM
Annexure A4 THE AFFIDAVIT, SOLEMNLY AFFIRMED BY THE
CLOSE RELATIVE DATED 19/1/2026
