Kerala High Court
Pradeepan P vs State Of Kerala on 11 March, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.1230/2026
1
2026:KER:21964
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 11TH DAY OF MARCH 2026 / 20TH PHALGUNA, 1947
BAIL APPL. NO. 1230 OF 2026
CRIME NO.43/2026 OF Nadapuram Police Station, Kozhikode
PETITIONER/ACCUSED:
PRADEEPAN P, AGED 47 YEARS
S/O KANARAN, PAREMMAL H, PURAMERI P.O, VADAKARA,
PIN - 673503
BY ADVS. SHRI.KRISHNADAS P. NAIR
SHRI.HARIDAS P.NAIR
SMT.K.L.SREEKALA
SRI.M.RAJESH KUMAR
SRI.K.G.MANOJ KUMAR
SHRI.PRASOON.K.P
SMT.ANU PRABHAKAR
SMT.SWATHYKRISHNA K.
SMT.ABHIRAMI P.S.
SRI.M.A.VINOD
RESPONDENT/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 XXXXXXXXXX
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.1230/2026
2
2026:KER:21964
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.43/2026 of Nadapuram Police Station, Kozhikode District. The offences alleged are punishable under Section 75(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution case, in short, is that on 13.1.2026 at 11.30 am, the applicant with sexual intent, hugged the minor survivor from behind, pressed her breast while she was passing through the courtyard of the applicant after purchasing betel leaves from a shop near her house at Purameri and thereby committed the offences.
4. I have heard Sri. Krishnadas P. Nair, the learned counsel for the applicant and Smt. Sreeja V., 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 B.A.No.1230/2026 3 2026:KER:21964 materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned 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 law regarding the grant or refusal of pre- arrest bail is well settled. Pre-arrest bail cannot be granted as a matter of course. The power under Section 482 of BNSS could be exercised only when a special case is made out, that too, recording reasons thereof. Perusal of the case diary reveals that the accusation made against the applicant is very serious in nature, and it prima facie shows a premeditated criminal act on his part. Specific overt act has been alleged against the applicant in the FIS.
The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Senior Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the investigation cannot be ruled out if he is released on bail. Considering the gravity of the offence and stage of the investigation, I am of the view that this is not a fit case B.A.No.1230/2026 4 2026:KER:21964 where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked. The bail application is, accordingly, dismissed.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp B.A.No.1230/2026 5 2026:KER:21964 APPENDIX OF BAIL APPL. NO. 1230 OF 2026 PETITIONER ANNEXURES Annexure A THE TRUE COPY OF THE FIR NO.43 OF 2026 OF NADAPURAM POLICE STATION, KOZHIKODE RURAL DATED 13.01.2026 Annexure B THE TRUE COPY OF THE ORDER IN BAIL APPLICATION NO.58 OF 2026 BEFORE THE COURT OF ADDITIONAL DISTRICT AND SESSIONS FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE TOWARDS WOMEN AND CHILDREN, KOZHIKODE DATED 20.02.2026