[Cites 4, Cited by 0]
Kerala High Court
Rajeev vs State Of Kerala on 31 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.14727/2025
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2026:KER:8074
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
BAIL APPL. NO. 14727 OF 2025
CRIME NO.858/2025 OF Parappangadi Police Station,
Malappuram
PETITIONER/ACCUSED:
RAJEEV, AGED 42 YEARS
S/O RAMAN O, MADHAVAM, KOVILAKAM ROAD,
PARAPPANANGADI, MALAPPURAM, PIN - 676319
BY ADVS. SRI.NAVANEETH.N.NATH
SMT.ABHIRAMI S.
SHRI.ABDUL LATHEEF P.M.
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
SRI.K.A. NOUSHAD, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.14727/2025
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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 in Crime
No.858/2025 of Parappanagadi Police Station, Malappuram
District. The offences alleged are punishable under Section 75
of the Juvenile Justice (Care and Protection of Children) Act,
Sections 9(l), 9(m) and 9(n) of the Protection of Children from
Sexual Offences Act.
3. The prosecution case, in short, is that the
applicant who is the father of the victim boy aged 11 years,
sexually assaulted him on few occasions at their house in the
year 2021 and thereby committed the offences.
4. I have heard Sri. Navaneeth N. Nath, 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 above crime. The counsel further submitted that no
materials are on record to connect the applicant with the alleged
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crime; hence, he 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 he is released on bail at this stage, it will affect the
course of the investigation.
6. The applicant is a Homeo Doctor. The mother
of the victim who is the wife of the applicant is also a Homeo
Doctor. It is seen from the records that there exists family
dispute between them. Litigations are also pending before the
Family Court as well as the criminal court. Annexure B
complaint was registered against the applicant at the instance of
his wife for the offence punishable under Section 85 of the
Bharatiya Nyaya Sanhita, 2023 on 2.3.2025. She also filed
O.P.No. 811/2025 against the applicant claiming return of gold
ornaments on 26.6.2025. It was thereafter in the month of
December, 2025, the complaint which led to the registration of
the present crime was preferred. There is a delay of more than
four years. It is true that in the case of sexual assault, the
delay, even if it is inordinate is insignificant. However, the delay
in this case assumes significance in view of the estranged
relationship and various litigations between the parties in the
intervening period. That apart, Annexure C, various WhatsApp
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chats between the victim and applicant would show that their
relationship is very friendly and cordial. The applicant has no
criminal antecedents. Considering the allegations made against
the applicant, his 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 his 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.
(ii) The applicant shall fully cooperate with the
investigation, including subjecting himself 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. He shall also appear before the
investigating officer as and when required.
(iv) The applicant shall appear before the
investigating officer on next Wednesday (4.2.2026) at 10.30 am
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to undergo medical examination as well as potency test.
(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
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
kp
2026:KER:8074
APPENDIX OF BAIL APPL. NO. 14727 OF 2025
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE ORIGINAL PETITION
NO. 811 OF 2025 BEFORE TIRUR FAMILY
COURT
Annexure B A TRUE COPY OF THE FIR NO. 220/2025 IN
PARAPANANGADI POLICE STATION
Annexure C A TRUE COPY OF THE WHATSAPP
COMMUNICATION AND MONEY TRANSFERRING
BETWEEN THE PETITIONER AND VICTIM
