Kerala High Court Rejects Expelled Palakkad Councillor's Appeal Seeking Bail In Sexual Assault Case
The Kerala High Court on Monday (June 29) dismissed the appeal filed by Prasobh M., former Congress councillor of the Palakkad Municipality, challenging denial of regular bail by the Special Court for SC/ST cases (Mannarkkad) in a sexual assault case. [2026 LiveLaw (Ker) 347]Justice A. Badharudeen found that bail cannot be granted at the present stage, when the investigation is still primitive...
The Kerala High Court on Monday (June 29) dismissed the appeal filed by Prasobh M., former Congress councillor of the Palakkad Municipality, challenging denial of regular bail by the Special Court for SC/ST cases (Mannarkkad) in a sexual assault case. [2026 LiveLaw (Ker) 347]
Justice A. Badharudeen found that bail cannot be granted at the present stage, when the investigation is still primitive as there are chances to impede the same and to threaten the victim.
The prosecution allegation was that Prasobh, who was not a member of the SC/ST community, developed a cordial relationship with the de facto complainant, a Dalit woman, while he was a concillor of a ward in Palakkad Muncipality. It is further alleged that he offered her employment while she had been undergoing an online Beautician course Plus Two. The prosecution also alleges that he exploited his position as the Ward Councillor having relationship with Shafi Parambil, MLA and Sreekandan, MP, and subjected the defacto complainant to forceful sexual intercourse.
The offences alleged against him are those punishable under Sections 332(b), 69, 115(2) and 351(2) of the BNS as well as Sections 3(1)(w)(i) and 3(2)(v) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act.
The Court heard arguments advanced by the counsels for Prasobh and the defacto complainant as well as the public prosecutor. Though it was argued that the sexual relationship was consensual, the Court refused to accept the same and remarked that when deceit is used, consent is vitiated.
"Section 69 of BNS specifically provides that if a person performs sexual intercourse with a woman by deceitful means or by making promise to marry the woman without any intention of fulfilling the same, even though the same would not come under the purview of Section 64 of BNS, the same would come under the purview of Section 69 of BNS. In the instant case, the prosecution records would show that the appellant/accused, who is not a member of either a Scheduled Caste or a Scheduled Tribe and Councillor of Ward No.24 of Palakkad Municipality, developed cordial relationship with the defacto complainant, admittedly an orphan, with offer to provide her an employment while she had been undergoing an online course of Beautician after completion of her Plus Two Course... It is discernible from the statements of the defacto complainant that she was taken outside for committing forceful sexual intercourse on the premise of meeting another men for the purpose of employment," it added.
Earlier, he had sought anticipatory bail, which was dismissed by the Special Court. His appeal before the High Court against the dismissal of pre-arrest bail application was also rejected. Thereafter, he had surrendered and had been in judicial custody since May 27.
Case Title: Prasobh M. v. State of Kerala and Anr.
Case No: Crl.A 793/ 2026
Citation: 2026 LiveLaw (Ker) 347
Counsel for the appellant: Sasthamangalam S. Ajithkumar (Sr.), Sreejith S. Nair, Satheesh Mohanan, Mahima