Kerala High Court
Afsal T N vs State Of Kerala on 19 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
BAIL APPL. NO. 194 OF 2026
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2026:KER:4179
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 19TH DAY OF JANUARY 2026 / 29TH POUSHA, 1947
BAIL APPL. NO. 194 OF 2026
CRIME NO.550/2025 OF ENATH POLICE STATION, PATHANAMTHITTA
AGAINST THE ORDER DATED 30.12.2025 IN CRMP NO.9938 OF
2025 OF ADDITIONAL DISTRICT AND SESSIONS COURT -I
PATHANAMTHITTA
PETITIONER/ACCUSED:
AFSAL T N
AGED 24 YEARS
S/O. NIYASUDHEEN, THYVILAYIL, KOLLAKADAVU,
KOLLAKADAVU. P.O, CHENGANNOOR,
ALAPPUZHA DISTRICT, PIN - 690509
BY ADV SRI.P.V.DILEEP
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.,
PIN - 682031
2 THE STATION HOUSE OFFICER
ENATHU POLICE STATION, ENATHU. P.O,
BAIL APPL. NO. 194 OF 2026
2
2026:KER:4179
PATHANAMTHITTA DISTRICT,
PIN - 691526
OTHER PRESENT:
SRI. M.C.ASHI(SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 194 OF 2026
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2026:KER:4179
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 accused in Crime No. 550/2025 of Enathu Police Station in Pathanamthitta District. The offences alleged are punishable under Sections 450, 328, 376, 376 (2) (n), 506, 351, 354, 354A of I.P.C, Sections 75 & 77 of the J.J Act, Sections 66 (D) and 66 (E) of IT Act and Section 3(a) r/w Section 4, Section 5(n) r/w Section 6, Section 5 (l), r/w Section 6, Section 5 (j)(ii) r/w Section 6 & Section 11 (iv) r/w Section 12 of the POCSO Act.
3. The prosecution case, in short, is that the survivor is a female minor born on 08.03.2006 (17 years and 9 months on the alleged date of incident). In the first week of January 2024, the BAIL APPL. NO. 194 OF 2026 4 2026:KER:4179 applicant had trespassed into the residence of survivor at Enathu in Pathanamthitta District. He had given her a chocolate containing element of dozing and managed to stupefy the survivor. While she was unconscious, the applicant has committed sexual assault on the survivor. After that, in February 2024, the applicant had approached the survivor and threatened her that he has photographs of their sexual intercourse. The applicant threatened her that he will expose the same unless she agrees for sex. The frightened survivor had succumbed to the demand of the applicant, who again subjected the survivor to sexual assault. Resultantly, the survivor has conceived from the applicant, and thereby committed the above said offences.
4. I have heard Sri.P.V.Dileep, 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 BAIL APPL. NO. 194 OF 2026 5 2026:KER:4179 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 11.12.2025. At present, the applicant is aged 24 years and the victim is aged 21 years. At the time of the alleged incident, the victim was aged 17 years and 9 months. The applicant and the victim are relatives. A reading of the FIS would show that both of them had decided to marry. The parents have also agreed to their marriage. Considering the delay in filing the FIS, and since the investigation is over and the final report has already been filed, further detention is not necessary. The applicant does not have any criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant BAIL APPL. NO. 194 OF 2026 6 2026:KER:4179 is required for any purpose. Hence, the applicant is entitled to be released on bail.
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 commit any offence of a like nature while on bail.
(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 application, if any, for deletion/modification of the BAIL APPL. NO. 194 OF 2026 7 2026:KER:4179 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 AS BAIL APPL. NO. 194 OF 2026 8 2026:KER:4179 APPENDIX OF BAIL APPL. NO. 194 OF 2026 PETITIONER ANNEXURES ANNEXURE-1 THE TRUE COPY OF THE F.I.R & F.I.S IN CRIME NO. 550/2025 OF ENATHU POLICE STATION IN PATHANAMTHITTA DISTRICT DATED 10.05.2025 NOW PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS COURT- I, PATHANAMTHITTA AS S.C.NO. 575/2025. ANNEXURE-2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 550/2025 OF ENATHU POLICE STATION IN PATHANAMTHITTA DISTRICT DATED 25.10.2025 NOW PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS COURT- I, PATHANAMTHITTA AS S.C.NO. 575/2025. ANNEXURE-3 THE TRUE COPY OF THE STATEMENTS UNDER 164CRPC / 183 BNSS OF THE VICTIM DATED 11.05.2025 IN CRIME NO. 550/2025 OF ENATHU POLICE STATION IN PATHANAMTHITTA DISTRICT NOW PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS COURT- I, PATHANAMTHITTA AS S.C.NO. 575/2025. ANNEXURE-4 THE MEDICAL RECORDS PRODUCED ALONG WITH ANNEXURE-2 FINAL REPORT IN CRIME NO. 550/2025 OF ENATHU POLICE STATION IN PATHANAMTHITTA DISTRICT NOW PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS COURT-I, PATHANAMTHITTA AS S.C.NO. 575/2025.
ANNEXURE-5 THE TRUE COPY OF THE COPY OF BIRTH CERTIFICATE ISSUED FROM THE PANCHAYATH ALONG WITH THE EXTRACT OF SCHOOL RECORDS PRODUCED ALONG WITH ANNEXURE-2 FINAL REPORT IN CRIME NO. 550/2025 OF ENATHU POLICE STATION IN PATHANAMTHITTA DISTRICT NOW PENDING BEFORE THE ADDITIONAL DISTRICT AND SESSIONS COURT- I, PATHANAMTHITTA AS S.C.NO. 575/2025. BAIL APPL. NO. 194 OF 2026 9 2026:KER:4179 ANNEXURE-6 THE TRUE COPY OF THE ORDER DATED 30.12.2025 IN CRL.MP NO. 9938 OF 2025 OF THE ADDITIONAL DISTRICT AND SESSIONS COURT-I, PATHANAMTHITTA.