Kerala High Court
Manu vs State Of Kerala on 27 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:27411
BAIL APPL. NO. 1704 OF 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
BAIL APPL. NO. 1704 OF 2026
CRIME NO.366/2025 OF Oonnukal Police Station, Ernakulam
AGAINST THE ORDER DATED 17.01.2026 IN CRMP 1/2026 IN SC
NO.991 OF 2025 OF ADDITIONAL DISTRICT & SESSIONS COURT
(POCSO), MUVATTUPUZHA
PETITIONER/S:
MANU
AGED 35 YEARS
S/O SARADHA ,MADATHIL HOUSE ,ALLUNKAL
BHAGOM,PIRAKKUNNAM KARA ,NERYAMANGALAM
VILLAGE ,ERNAKULAM DITRICT., PIN - 686693
BY ADV SRI.V.S.ANU MON
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR , HIGH COURT
OF KERALA , ERNAKULAM, PIN - 682031
OTHER PRESENT:
SRI.M.C. ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:27411
BAIL APPL. NO. 1704 OF 2026
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.366/2025 of Oonnukal Police Station, Ernakulam District. The offences alleged are punishable under Sections 333,126(2)74 and 75 (1), (ii) of the Bharatiya Nyaya Sanhita, 2023 (the BNS for short and Sections 8 r/w 7 10 r/w 9(m) of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act for short)
3. The prosecution case, in short, is that on 20/5/2025 at about 8 am, the applicant went to the residence of the victim where the victim and her family were residing on rent, when the 9 year old victim and her brother were there at home, with ulterior motives to commit sexual assault on the victim, dishonestly sent victim's brother to a shop to buy beedi for the applicant, criminally trespassed into the house, took the girl who was standing in the kitchen asking for a kiss, forcibly took her to the bed room, laid her on a cot, then committed aggravated sexual assault by kissing on her lips, fondled on her hands, when 2026:KER:27411 BAIL APPL. NO. 1704 OF 2026 3 the victim cried aloud, he covered victim's mouth forcefully, squeezed her neck and thereby committed the offences.
4. I have heard Sri V.S Anu Mon, 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 21.05.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The applicant, who is aged 35 years, brutally sexually assaulted a nine year old girl. The applicant has criminal antecedents and he is involved in seven other crimes, including a crime under Section 376 of IPC. Considering the nature of the crime, the gravity of the offence, the 2026:KER:27411 BAIL APPL. NO. 1704 OF 2026 4 complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage.
The bail application, accordingly, is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE SJ 2026:KER:27411 BAIL APPL. NO. 1704 OF 2026 5 APPENDIX OF BAIL APPL. NO. 1704 OF 2026 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE ORDER IN CRL.M.P NO.01/20265 OF THE SPECIAL JUDGE, MOOVATTUPUZHA (COURT FOR TRAIL OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT CASES) DATED 17.01.2026