Kerala High Court Grants Bail To Youth Accused Of Intimidating Minor Despite 21 Prior Cases, Notes Probe Is Complete
The Kerala High Court has granted bail to a man accused of offences under Protection of Children from Sexual Offences Act, 2012 and ST/ ST (Prevention of Atrocities) Act, 1989 despite his being involved in 21 other criminal offences.
As per prosecution, the Petitioner-accused repeatedly followed the 15 year old victim, contacted her through instagram, and later threatened her with a knife before taking her into a house and kissing her. He is also accused of threatening her, and taking her photos after threatening to kill her family members.
The prosecution submitted that the petitioner is involved in 21 other crimes including offences under the Narcotic Drugs and Psychotropic Substances Act, 1985, theft, dacoity and other similar serious offences and hence ought not be granted bail.
However, Justice Bechu Kurian Thomas while allowing his regular bail plea noted that even though the petitioner is involved in 21 other crimes, considering his young age and since he has been in custody for 90 days, the bail can be granted.
The court also noted that since the final report had already been filed in July 2025 further detention would amount to punishment before conviction.
"Though the allegations are serious, considering the fact that petitioner has been in custody from 30.05.2025 and also the fact that final report was filed on 22.07.2025, I am of the view that further detention would amount to punishment before conviction. Therefore, petitioner ought to be released on bail. Though the learned Public Prosecutor pointed out that petitioner is involved in 21 other crimes, considering his young age and also the fact that he has already been in custody for the last more than 90 days, this Court is of the view that he can be released on bail." the court noted
While granting bail, the Court imposed strict conditions to ensure the safety of the victim and to prevent the petitioner from committing further offences.
Case Title: Muhammed Anwarsha v State of Kerala
Case No: Bai Appl. 11156/ 2025
Citation: 2025 LiveLaw (Ker) 588
Counsel for Petitioner: Binu Babukuttan, Nima Meriyam Koshy, Arya Devasia, Sreerag S
Counsel for Respondent: Noushad K A (PP)
Click Here To Read/ Download Judgment