Kerala High Court Grants Bail to Accused Amidst Serious Allegations Under New Legal Framework
Bail granted to Muhammed Anwarsha considering prolonged custody and young age, despite serious charges under Bharatiya Nyaya Sanhita, POCSO Act, and SC/ST Act.
In a significant decision highlighting the balance between justice and individual rights, the Kerala High Court has granted bail to Muhammed Anwarsha, who faces serious allegations including criminal intimidation and sexual assault under the Bharatiya Nyaya Sanhita, 2023, Protection of Children from Sexual Offences Act, 2012, and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The court's decision comes amidst concerns of prolonged custody and the petitioner's young age, which influenced the judgment delivered on September 19, 2025.
Presiding over the bail application, Justice Bechu Kurian Thomas acknowledged the gravity of the offenses but stressed the importance of preventing punishment before conviction. Anwarsha, accused in Crime No.1135 of 2025, allegedly intimidated a 15-year-old victim by pointing a knife, forcibly taking her to a house, kissing her, and threatening her family. Despite these serious allegations, Anwarsha's custody since May 30, 2025, and the filing of the final report in July, swayed the court towards granting bail under strict conditions.
The decision was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a statutory provision which allows for bail applications under specific circumstances. The court imposed several conditions to mitigate any risks, including prohibiting Anwarsha from contacting the victim or her family, restricting his entry into the victim’s jurisdiction, and mandating regular reporting to the Investigating Officer. Additionally, the court ordered a bond of Rs.50,000 and forbade Anwarsha from leaving the country without permission.
The defense, represented by Shri Binu Babukuttan, argued the falsity of the allegations, while the prosecution highlighted Anwarsha's involvement in 21 other crimes, including those under the Narcotic Drugs and Psychotropic Substances Act, 1985. Despite these contentions, the court emphasized Anwarsha’s young age and the potential injustice of continued detention without conviction.
The judgment reflects the evolving landscape of Indian law under newly enacted statutes like the Bharatiya Nyaya Sanhita, 2023, and Bharatiya Nagarik Suraksha Sanhita, 2023, which aim to streamline legal processes and protect individual rights. This case underscores the judiciary's role in balancing the scales of justice, ensuring that legal provisions are applied in a manner that respects both the severity of accusations and the rights of the accused.
The conditions of bail are stringent, with clear directives to prevent any further offenses and ensure the safety of the victim, highlighting the court’s cautious approach in such sensitive matters. This decision will likely serve as a precedent in future cases involving serious allegations and prolonged custody.
Bottom Line:
Bail granted to an accused under the Bharatiya Nagarik Suraksha Sanhita, 2023, despite serious allegations under the Bharatiya Nyaya Sanhita, 2023, POCSO Act, and SC/ST Act, considering prolonged custody and young age, with strict conditions to ensure victim's safety and prevent further offences.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Sections 137, 74, 75(1)(i), 75(2), 351(2), 78, Protection of Children from Sexual Offences Act, 2012 Section 8 r/w Section 7, Section 12 r/w Section 11(iv), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(1)(w)(i), 3(2)(va).
Muhammed Anwarsha v. State of Kerala, (Kerala) : Law Finder Doc Id # 2782277
