Kerala High Court
Varghese vs The State Of Kerala on 28 July, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.Nos. 7561 & 7568 of 2025
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2025:KER:55654
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
BAIL APPL. NO. 7561 OF 2025
CRIME NO.507/2025 OF PATHANAPURAM POLICE STATION, KOLLAM
PETITIONER/1ST ACCUSED:
VARGHESE,
AGED 59 YEARS, S/O. SAMUEL,
THOTTATHIL KALAYIL,
PATHANAPURAM P.O.,
KOLLAM DISTRICT., PIN - 689695
BY ADVS.
SRI.SUNIL V.MOHAMMED
SHRI.MANOJ N.
SHRI.TOM PIOUS
SMT.THASNEEM ASHRAF
SHRI.MOHAMED HANEEFA PALAPRA
RESPONDENT/STATE/DEFACTO COMPLAINANT:
THE STATE OF KERALA,
REP. BY THE CIRCLE INSPECTOR OF POLICE,
PATHANAPURAM POLICE STATION, KOLLAM DISTRICT,
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SRI.SANGEETHA RAJ.N.R-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.07.2025, ALONG WITH Bail Appl.No.7568/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos. 7561 & 7568 of 2025
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2025:KER:55654
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
BAIL APPL. NO. 7568 OF 2025
CRIME NO.508/2025 OF PATHANAPURAM POLICE STATION, KOLLAM
PETITIONER/1ST ACCUSED:
VARGHESE,
AGED 59 YEARS, S/O. SAMUEL,
THOTTATHIL KALAYIL,
PATHANAPURAM P.O.,
KOLLAM DISTRICT., PIN - 689695
BY ADVS.
SRI.SUNIL V.MOHAMMED
SHRI.MANOJ N.
SHRI.TOM PIOUS
SMT.THASNEEM ASHRAF
SHRI.MOHAMED HANEEFA PALAPRA
RESPONDENT/STATE/DEFACTO COMPLAINANT:
STATE OF KERALA,
REP. BY THE CIRCLE INSPECTOR OF
POLICE,PATHANAPURAM POLICE STATION,
KOLLAM DISTRICT,
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
SRI.E.C.BINEESH-SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.07.2025, ALONG WITH Bail Appl.No.7561/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos. 7561 & 7568 of 2025
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2025:KER:55654
ORDER
These two bail applications are connected. They are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.
2. The applicant is the accused No.1 in Crime Nos. 507 of 2025 and 508 of 2025 of Pathanapuram Police Station, Kollam District. The accused No.2 is the mother of the survivors. The applicant and the accused No.2 are neighbours. The survivors in both bail applications are sisters. The offences alleged are punishable under Sections 354A(1)
(i) of IPC and Sections 7, 8, 9(m) r/w Sections 10, 21(i) and 19 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
3. The allegation in both crimes is that the applicant sexually assaulted the survivors in the year 2015 and in the year 2023. The alleged incident pertaining to Crime No.507 of 2025 took place in the year 2015 and the alleged incident B.A.Nos. 7561 & 7568 of 2025 ..4..
2025:KER:55654 pertaining to Crime No.508 of 2025 took place in the year 2023. The FIR was registered in the year 2025 only.
4. The prosecution case in B.A.No.7561 of 2025, in short, is that on a day in 2015, the applicant who is the neighbour of the defacto complainant, who is the eldest daughter of the accused No.2, had sexually harrassed the minor girl by catching hold of her breasts and the tummy and when he attempted to insert his hand inside her dress, the victim warded off the same and ran away and thereafter, when the incident was informed to the accused No.2, she comforted her and told her not to reveal the incident to anyone and thereby the accused committed the offences alleged.
5. The prosecution case in B.A.No.7568 of 2025, in short, is that the applicant who is an autorikshaw driver had, on a day in 2023 kissed the defacto complainant on her lips and pressed her breasts. Later when the victim complained to B.A.Nos. 7561 & 7568 of 2025 ..5..
2025:KER:55654 her mother, she told her not to reveal the incident to any person and the applicant/accused thus committed the offences alleged.
6. I have heard Sri.Sunil V. Mohammed, the learned counsel for the applicant, Sri.E.C.Bineesh, the learned Senior Public Prosecutor and Sri.Sangeetha Raj N.R., the learned Public Prosecutor. Perused the case diary.
7. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the cases. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incidents occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.
8. The accused No.2, the mother was granted B.A.Nos. 7561 & 7568 of 2025 ..6..
2025:KER:55654 anticipatory bail by this Court as per orders dated 19.05.2025 in B.A.No.6033 of 2025 and B.A.No.6044 of 2025. It is revealed from the case records that there is family dispute and litigation between the accused No.2 and her husband before various courts. O.P.No.929 of 2021 was pending before the Family Court, Pathanamthitta and M.C.No.26 of 2021 was pending before the Judicial First Class Magistrate Court-I, Pathanamthitta. Both of them were initiated by the accused No.2 against the father of the survivors. Admittedly, the survivors are residing along with their father. It is also evident from the case records that the cases pending between the accused No.2 and her husband were settled and withdrawn. However, later on the settlement was not materialized and again dispute arose between them. It was thereafter the complaints pertaining to the present registration of the crimes were filed. There is a delay of 10 years in Crime No.507 of 2025 and 2 years in Crime No.508 B.A.Nos. 7561 & 7568 of 2025 ..7..
2025:KER:55654 of 2025 in registering the crimes. Considering the facts and circumstances of the case, the custodial interrogation of the applicant does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.
In the result, the applications are 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) each in both cases 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 B.A.Nos. 7561 & 7568 of 2025 ..8..
2025:KER:55654 until further orders. He shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) 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.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) 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 APA B.A.Nos. 7561 & 7568 of 2025 ..9..
2025:KER:55654 APPENDIX OF BAIL APPL. 7561/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER DATED 10.09.2021 IN IA NO. 1/2021 IN OP NO. 929/2021 OF THE FAMILY COURT, PATHANAMTHITTA Annexure A2 TRUE COPY OF THE ORDER DATED 12.04.2022 IN CMP NO. 2368/2021 IN MC NO. 26/2021 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, PATHANAMTHITTA Annexure A3 TRUE COPY OF THE PETITION DATED 22.04.2025 ALONG WITH THE ACKNOWLEDGEMENT RECEIPT NO. 8/746/2025/PHQ Annexure A4 TRUE COPY OF THE INTIMATION ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, KONNI Annexure A5 TRUE COPY THE ORDER DATED 19.05.2025 IN BA NO. 6033/2025 Annexure A6 TRUE COPY THE ORDER DATED 19.05.2025 IN BA NO. 6044/2025 Annexure A7 TRUE COPY THE ORDER DATED 19.05.2025 IN 6046/2025 Annexure A8 TRUE COPY THE ORDER DATED 03.06.2025 IN BA NO. 6073/2025 B.A.Nos. 7561 & 7568 of 2025 ..10..
2025:KER:55654 APPENDIX OF BAIL APPL. 7568/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER DATED 10.09.2021 IN IA NO. 1/2021 IN OP NO. 929/2021 OF THE FAMILY COURT, PATHANAMTHITTA Annexure A2 TRUE COPY OF THE ORDER DATED 12.04.2022 IN CMP NO. 2368/2021 IN MC NO. 26/2021 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, PATHANAMTHITTA Annexure A3 TRUE COPY OF THE PETITION DATED 22.04.2025 ALONG WITH THE ACKNOWLEDGEMENT RECEIPT NO. 8/746/2025/PHQ Annexure A4 TRUE COPY OF THE INTIMATION ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, KONNI Annexure A5 TRUE COPY THE ORDER DATED 19.05.2025 IN BA NO. 6033/2025 Annexure A6 TRUE COPY THE ORDER DATED 19.05.2025 IN BA NO. 6044/2025 Annexure A7 TRUE COPY THE ORDER DATED 19.05.2025 IN 6046/2025 Annexure A8 TRUE COPY THE ORDER DATED 03.06.2025 IN BA NO. 6073/2025