[Cites 3, Cited by 0]
Kerala High Court
Njana Prakash Alias Bose vs The State Of Kerala on 23 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:5775
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
BAIL APPL. NO. 14417 OF 2025
CRIME NO.1479/2025 OF GANDHINAGAR POLICE STATION, KOTTAYAM
AGAINST THE JUDGMENT DATED 28.10.2025 IN Bail Appl.
NO.12798 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
NJANA PRAKASH ALIAS BOSE
AGED 64 YEARS
S/O KUMARAN, ARADHYA STORES,
ASUPATHRIPADI BHAGAM, NEENDOOR,
KOTTAYAM, PIN-686601 (MACHATHIL HOUSE,
KAIPPUZHA P.O., KOTTAYAM DISTRICT), PIN - 686602
DR.V.N.SANKARJEE
SRI.V.N.MADHUSUDANAN
SMT.R.UDAYA JYOTHI
SRI.V.G.RAVIKUMAR
SMT. KEERTHI B. CHANDRAN
SMT.SHILPA P.S.
SRI.UNNIKRISHNAN H.
SMT.SHRIYA MERLIN MAXWELL
RESPONDENTS/STATE,COMPLAINANT AND VICTIM:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
GANDHI NAGAR POLICE STATION,
KOTTAYAM DISTRICT, PIN - 686008
2026:KER:5775
BAIL APPL. NO. 14417 OF 2025
2
3 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
SMT.M.K. PUSHPALATHA, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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BAIL APPL. NO. 14417 OF 2025
3
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.1479/2025 of Gandhinagar Police Station, Kottayam District.
The offences alleged are punishable under Sections 74, 75(1)(i),
75(1)(ii), 75(2) and 79 of the Bharatiya Nyaya Sanhita, 2023 (for
short 'BNS') and Sections 7 and 8 of the Protection of Children
from Sexual Offences Act, 2012 (for short 'PoCSO Act').
3. The prosecution case, in short, is that the applicant
sexually assaulted the victim, aged 17, when she went to the
stationery shop belonged to the applicant, on 18.06.2025. The
applicant caught on her hand, asked her to sit on his lap, pressed
on her breast and thereby committed the offences.
4. I have heard Dr.V.N. Sankarjee, the learned counsel for
the applicant and Smt.M.K.Pushpalatha, 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
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BAIL APPL. NO. 14417 OF 2025
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. The learned 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 law regarding the grant or refusal of pre-arrest bail
is well settled. Pre-arrest bail cannot be granted as a matter of
course. The power under Section 482 of BNSS could be exercised
only when a special case is made out, that too, recording reasons
thereof. Perusal of the case diary reveals that the accusation
made against the applicant is very serious in nature, and it prima
facie shows a premeditated criminal act on his part. The applicant
is aged 64 and the victim is aged only 17 years.
7. The investigation is in a preliminary stage. The
custodial interrogation of the applicant is necessary for the
investigation. As rightly argued by the learned Public Prosecutor,
the possibility of the applicant influencing the witnesses and
interfering with the investigation cannot be ruled out if he is
released on bail. Considering the gravity of the offence and stage
of the investigation, I am of the view that this is not a fit case
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BAIL APPL. NO. 14417 OF 2025
where the extraordinary jurisdiction vested with this Court under
Section 482 of BNSS could be invoked.
The bail application is, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
NP
2026:KER:5775
BAIL APPL. NO. 14417 OF 2025
APPENDIX OF BAIL APPL. NO. 14417 OF 2025
PETITIONER ANNEXURES
Annexure I TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 9.10.2025 ISSUED BY DR. JOSY J.
VALLIPPALAM, CONSULTANT NEUROLOGY
Annexure II TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 10.10.2025 ISSUED BY DR. RONY
BENSON, CONSULTANT MEDICAL ONCOLOGIST,
MAR SLEEVA MEDICITY, PALAI
Annexure III TRUE COPY OF THE PRESCRIPTION DATED
26.3.2022 ISSUED TO THE PETITIONER FROM
GOVERNMENT MEDICAL COLLEGE HOSPITAL,
KOTTAYAM
Annexure IV TRUE COPY OF THE PRESCRIPTION DATED
11.12.2017 WITH PATIENT ID 17150395
ISSUED FROM INDO AMERICAN HOSPITAL,
CHEMMANAKARY
Annexure V TRUE COPY OF THE PRESCRIPTION DATED
13.3.2018 ISSUED BY DR. SAJEEV S.
VADAKKEDAM, INDO AMERICAN HOSPITAL,
CHEMMANAKARY
Annexure VI TRUE COPY OF THE PRESCRIPTIONS DATED
13.4.2010, 28.4.2010, 18.6.2010,
16.8.2010, 12.11.2010, 6.1.2011,
8.3.2011, 6.5.2011, 6.7.2011 ISSUED BY
DR. SURESH NINAN, SH MEDICAL CENTRE,
KOTTAYAM ISSUED TO THE PETITIONER
Annexure VII TRUE COPY OF ORDER DATED 28.10.2025 IN
BAIL APPLICATION NO.12798/2025 OF THIS
HONOURABLE COURT
Annexure VIII TRUE COPY OF ORDER DATED 25.11.2025 IN
CRL.M.C.1544/2025 OF THE COURT OF
SESSIONS, KOTTAYAM
