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Kerala High Court
Asha Ashokan vs State Of Kerala on 25 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:26185
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 25TH DAY OF MARCH 2026/4TH CHAITHRA, 1948
BAIL APPL. NO. 14751 OF 2025
CRIME NO.1077/2025 OF PALLIKKATHODE POLICE STATION, KOTTAYAM
PETITIONER/ACCUSED:
ASHA ASHOKAN,
AGED 31 YEARS, D/O ASHOKAN,
THAZHAVANAMATTOM HOUSE, T.P. PURAM P.O, KODUNGOOD,
VAZHOOR VILLAGE, KOTTAYAM DISTRICT,
PIN - 686504
BY ADV SRI.SIJO PATHAPARAMBIL JOSEPH
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
*2 VICTIMS RIGHTS CENTRE,
KERALA HIGH COURT
*(SUO MOTU IMPLEADED AS R2 VIDE ORDER DATED 29-1-26)
BY ADVS.
SMT. A PARVATHI MENON, AMICUS CURIAE
SRI. M C ASHI, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 14751 OF 2025
2
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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.1077/2025 of Pallickathodu Police Station, Kottayam
District. The offences alleged are punishable under Section
118(1) of the Bharatiya Nyaya Sanhita, 2023 and Section
75 of the Juvenile Justice (Care and Protection of Children)
Act, 2015.
3. The prosecution case, in short, is that the
applicant being the mother and lawful guardian of the
child, had inflicted burn injury on the neck of the de facto
complainant using a heated spatula at noon on
20.11.2025.
4. When this bail application came up for
hearing, this Court noticed that the victim was placed at a
shelter home, Christu Bhavan, Kumarakom and the two
sisters of the victim were still residing with the applicant.
Considering the gravity of the allegations levelled against
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the applicant and also considering the fact that the victim
was placed in a shelter home, this Court suo-motu
impleaded the Victim Rights Centre, High Court of Kerala to
protect the interest of the victim and her siblings.
5. As per the interim order of this Court
dated 29.01.2026, the representative of the Victim Rights
Centre was directed to visit the victim at the shelter home
as well as the applicant and the siblings of the victim and
to file a report before this Court. Accordingly, the Project
Coordinator of the Victim Rights Centre, Adv. A.Parvathi
Menon visited the victim, her siblings as well as the
applicant and altogether filed 3 reports. It was reported in
the report dated 02.03.2026 that the interaction between
the victim and her mother turned deeply emotional and
both of them expressed their desire for their reunion and
for the return of the victim to home. The Project
Coordinator suggested that, since the victim's annual
examinations commenced from 06.03.2026, in order to
ensure continuity and academic stability, it was desirable
that she completes the current academic year in the school
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presently attended by her, which is situated in proximity to
the shelter home. In the additional report filed by the
Project Coordinator on 24.03.2026, it is stated that the
applicant as well as the victim wants to reside together
along with the siblings of the victim at their home. It is
further reported that CW2 handed over the siblings of the
victim to their step father who lives along with the
applicant, identifying him as a fit person to take care of
them. It is also reported that CWC, Kottayam has placed
the siblings of the victim under Kaval Plus, a project of the
Government of Kerala. It is also reported that, while the
victim was at the shelter home, she developed
breathlessness and on medical consultation, mild ECG
variation has been noticed.
6. The learned Project Coordinator, Adv.
A.Parvathi Menon submitted that the examinations of the
victim will be over on 27th of this month and the victim
could be re-admitted to her previous School, St.Thomas
HSS, Anikkad or any other appropriate educational
institution in the next academic year. The learned Project
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Coordinator further suggested that the victim may also be
brought under the Kaval Plus project of the State
Government like her siblings to ensure continued
psychological support.
7. The learned Senior Public Prosecutor
submitted that the investigation is over and the final report
has already been filed. Hence, further detention of the
applicant is not necessary.
8. In view of the above sequence of events,
I am of the view that the applicant can be granted pre-
arrest bail.
9. In the result, the application is allowed on
the following conditions:-
(i) The applicant shall be released on bail in
the event of her 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 not commit any
offence of a like nature while on bail.
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(iii) 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.
(iv) The applicant shall not leave the State of
Kerala without the permission of the trial Court.
(v) The CWC, Kottayam is directed to place
the victim under the ambit of Kaval Plus project of the
State Government to ensure the continued psychological
support.
(vi) The Women Protection Officer, Kottayam
shall maintain constant supervision over the applicant and
monitor her to ensure emotional stability and the welfare of
the children. The Women Protection Officer, Kottayam
shall also take steps to impart continuous counselling to
the applicant as well as the victim.
(vii) The applicant shall provide necessary
medical treatment to the victim. CWC, Kottayam shall
oversee the same.
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(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.
I place on record the appreciation for the earnest
efforts and assistance rendered by Adv. A.Parvathi Menon,
the Project Coordinator, Victim Rights Centre, High Court
of Kerala.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ARK
BAIL APPL. NO. 14751 OF 2025
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APPENDIX OF BAIL APPL. NO. 14751 OF 2025
PETITIONER ANNEXURES
ANNEXURE A A TRUE COPY OF THE ORDER DATED 18.12.2025 IN
CRL MC NO. 1597/2025 OF THE DISTRICT AND
SESSIONS COURT, KOTTAYAM
