Kerala HC Grants Pre-Arrest Bail to Advocate Accused of Sexually Assaulting Colleague Inside Palakkad Court Hall

Dr. Justice Kauser Edappagath found custodial interrogation unnecessary and allowed pre-arrest bail with weekly reporting conditions to a 57-year-old advocate accused under the BNS.

The High Court of Kerala at Ernakulam has granted pre-arrest bail to Dinesh K., a 57-year-old advocate practising at the Palakkad Court Centre, who is accused of sexually assaulting a fellow advocate inside the court hall of Additional District and Sessions Court-V, Palakkad. Dr. Justice Kauser Edappagath, sitting singly, heard Bail Application No. 5008 of 2026 on 11 September 2026 and delivered the order on the same day. The Court held that, given the nature of the allegations and the fact that a counter-crime had been registered at the applicant's instance against the complainant, custodial interrogation of the applicant was unnecessary. Bail was allowed subject to a bond of Rs. 1,00,000 and a set of reporting and conduct conditions.

The Allegation Inside a Palakkad Court Hall

The prosecution case arises from Crime No. 942/2026 registered at Palakkad Town South Police Station. According to the FIR, on 5 August 2026 at 11:40 a.m., while the defacto complainant — herself an advocate attending court that morning — was moving out of the court hall to write a petition, Dinesh K. pressed on her buttocks with sexual intent, thereby outraging her modesty.

The offence alleged is punishable under Section 75(1)(i) of the Bharatiya Nyaya Sanhita, 2023. Dinesh K. is the sole accused in the crime.

The incident is said to have occurred in the court hall itself, making both the accused and the complainant present in their professional capacity at the time. Both individuals are advocates practising at the Palakkad Court Centre.

Sessions Court Had Declined Bail

Before approaching the High Court, Dinesh K. moved the District Court and Sessions Court, Palakkad, in B.A. No. 790 of 2026. The Sessions Court rejected that application by order dated 20 August 2026. He then filed the present application before the High Court under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which governs anticipatory bail.

Arguments Before the High Court

Sri M. Revikrishnan, appearing for the applicant, argued that Dinesh K. is innocent and has been falsely implicated. He submitted that no material on record connects the applicant with the alleged offence, and that pre-arrest bail should therefore be granted.

Smt. Aneeda Beegum, learned Senior Public Prosecutor, opposed the application. She contended that the alleged incident formed part of the applicant's intentional criminal acts and that releasing him on bail at this stage would affect the ongoing investigation.

How the Court Reasoned

Dr. Justice Kauser Edappagath noted a significant feature of the case: Annexure 2 before the Court revealed that at the applicant's own instance, Crime No. 941/2026 had been registered against the defacto complainant and others at the same police station. The existence of this cross-case was a material factor in the Court's assessment.

Taking the allegations against the applicant together with the fact that a complaint had been lodged by him against the complainant, the Court concluded that custodial interrogation of the applicant seems unnecessary. The Court did not find it necessary to elaborate on whether the materials were sufficient or insufficient to connect the applicant with the crime, choosing instead to rest its decision on the absence of any investigative need for custody.

On that reasoning, the Court found this to be an appropriate case for pre-arrest bail and allowed the application.

Bail Conditions Imposed

The bail is operative only upon arrest. The conditions set by the Court are as follows:

• Dinesh K. shall execute a bond for Rs. 1,00,000 (Rupees One Lakh) with two solvent sureties for the like sum each, to the satisfaction of the arresting officer or investigating officer, as the case may be.
• He shall fully cooperate with the investigation, including subjecting himself to deemed police custody for discovery, if any, as and when demanded.
• He shall appear before the investigating officer between 10:00 a.m. and 11:00 a.m. every Saturday until further orders, and also whenever required by the investigating officer.
• He shall not commit any offence of a like nature while on bail.
• He shall not attempt to contact any prosecution witness, directly or through any other person, and shall not tamper with evidence or attempt to influence any witness or person connected with the investigation.
• He shall not leave the State of Kerala without the permission of the trial court.
• Any application for modification, deletion, or cancellation of bail conditions on grounds of violation shall be filed before the jurisdictional court.

Outcome

Bail Application No. 5008 of 2026 was allowed on 11 September 2026. Dinesh K. is entitled to pre-arrest bail in Crime No. 942/2026 of Palakkad Town South Police Station upon fulfilling the bond and surety conditions. The matter is subject to the reporting and conduct obligations set out above.