Kerala High Court Rejects Expelled Palakkad Councillor's Appeal Seeking Anticipatory Bail In Sexual Assault Case
The Kerala High Court on Tuesday (26 May) dismissed a criminal appeal filed by Prasobh M, former Congress councillor of the Palakkad Municipality, challenging denial of Anticipatory Bail by a Special SC/ST Court in a sexual assault case. Justice A Badharudeen dismissed the appeal. The allegations against Prasobh is that he has sexually exploited a Dalit woman by promising her employment...
The Kerala High Court on Tuesday (26 May) dismissed a criminal appeal filed by Prasobh M, former Congress councillor of the Palakkad Municipality, challenging denial of Anticipatory Bail by a Special SC/ST Court in a sexual assault case.
Justice A Badharudeen dismissed the appeal.
The allegations against Prasobh is that he has sexually exploited a Dalit woman by promising her employment during his tenure as a councillor.
It is also alleged that he intimidated and abused her. Based on a complaint lodged by the survivor, the Palakkad Town South police registered a case against the petitioner.
The Special Court for SC/ST (Prevention of Atrocities) Act at Mannarkad had rejected the petitioner's anticipatory bail application.
The appellant argued that the relationship between him and the victim is consensual in nature and hence does not attract Section 64 of the BNS.
The counsel for the defacto complainant filed a detailed objection in writing opposing the grant of anticipatory bail and submitted that the materials collected during investigation clearly reveal that the accused systematically exploited the helplessness, poverty and vulnerability of the victim by offering false promise of employment and protection and repeatedly subjected her to sexual exploitation.
The Court concurred with the arguments of the prosecution and the defacto complainant and noted that the facts of the case suggests that the appellant, who is a Municipal Ward Councillor and political leader, had taken advantage of the helplessness of the victim. The Court thus noted that the offence under Section 69 of BNS would prima facie attract.
"Thus, prima facie, the offences 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 SC/ST (POA) Act are made out as per the allegations in the FIS and other statements. Therefore, the bar under Section 18A of the SC/ST (POA) Act would apply and in such a case anticipatory bail cannot be granted as arrest, custodial interrogation, medical examination of the accused, verification of his mobile phone etc. are inevitable to accomplish effective investigation and successful prosecution." Court held.
The court thus dismissed the appeal and directed the Investigating Officer to proceed against the appellant/ accused as per law.
Case Title: Prasobh M v State of Kerala
Case No: Crl.A 583/ 2026
Citation: 2026 LiveLaw (Ker) 292
Counsel for Appellant: Sreejith S. Nair, Satheesh Mohanan, Mahima
Counsel for Respondent: Nireesh Mathew