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Kerala High Court

Adarsh Manoj vs State Of Kerala on 18 March, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                   2026:KER:24088

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 WEDNESDAY, THE 18TH DAY OF MARCH 2026 / 27TH PHALGUNA, 1947

                    BAIL APPL. NO. 1023 OF 2026

  CRIME NO.122/2026 OF GANDHINAGAR POLICE STATION, KOTTAYAM

PETITIONER:

          ADARSH MANOJ
          AGED 21 YEARS
          VADAKATHUPARAMBIL, NALPATHIMALA, ATHIRAMPUZHA P.O,
          KOTTAYAM, KERALA, PIN - 686562

          SRI.IRFAN ZIRAJ
          SRI.P.M.ZIRAJ


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY, PIN - 682031

    2     THE INSPECTOR OF POLICE
          GANDHI NAGAR POLICE STATION,
          KOTTAYAM DISTRICT, PIN - 686008

          SRI.M.C. ASHI, SR. PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                       2026:KER:24088
BAIL APPL. NO. 1023 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 accused in Crime No.122/2026 of Gandhinagar Police Station, Kottayam District. The offences alleged are punishable under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the PoCSO Act') and Sections 78(1), 333, 74, 75(1)(i), 75(2), 79, 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 25.01.2026, between midnight and 4:00 a.m., a 16-year-old girl was lured and sexually assaulted at Mundakkappadam within the limits of Gandhi Nagar Police Station, Kottayam, by the applicant and thereby committed the aforesaid offences.

4. I have heard Sri.Irfan Ziraj, 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 2026:KER:24088 BAIL APPL. NO. 1023 OF 2026 3 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 25.01.2026. 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. Specific overt act has been alleged against the applicant in the FIS. The applicant has criminal antecedents and he is involved in six other crimes, out of which one crime is under Sections 8 and 7 of the PoCSO Act. Bail was granted in the said crime on 15.01.2025. The present crime was committed while he was on bail in that crime, violating the bail conditions. Considering the nature of the crime, the gravity of the offence, the 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.

2026:KER:24088 BAIL APPL. NO. 1023 OF 2026 4 The bail application, accordingly, is dismissed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE NP 2026:KER:24088 BAIL APPL. NO. 1023 OF 2026 5 APPENDIX OF BAIL APPL. NO. 1023 OF 2026 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF REMAND REPORT DATED 25.01.2026 IN IN CRIME NO. 122 OF 2026 OF GANDHI NAGAR POLICE STATION, KOTTAYAM DISTRICT Annexure 2 TRUE COPY OF THE DISABILITY CERTIFICATE DATED 02.03.2025 ISSUED BY GOVERNMENT MEDICAL COLLEGE, GANDHINAGAR, ARPOOKARA, KOTTAYAM