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Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicant is the sole accused in Crime No.1393/2026 of Pala Police Station, Kottayam District. The offences alleged are punishable under Sections 64(1), 64(2)(m) and 75(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 read with Sections 3(a) & 3(b), Section 6 read with Section 5(l) and Section 12 read with Sections 11(iii) & 11(iv) of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case, in short, is that the applicant, with the intention of committing sexual assault upon the victim, a minor girl aged 17 years, took her in his car on multiple occasions during February 2026. On these occasions, he kissed her, inserted his finger into her vagina, placed her breast in his mouth and compelled her to perform oral sex. The applicant obtained nude photographs and videos of the victim through Instagram and, in addition, transmitted his own nude videos to the victim’s social media account. The applicant is also stated to have repeatedly committed penetrative sexual assault upon the victim and thereby committed the aforesaid offences.
I have heard Sri.M.Anuroop, the learned counsel for the applicant and Smt.Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.
A reading of the FIS would show that the applicant and the victim were in love. The alleged sexual acts stated in the FIS appear to be purely consensual. That apart, the victim had also lodged similar complaints against her other schoolmates, who are friends of the applicant. The investigation is almost over. The applicant has no criminal antecedents. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.
In the result, the application is allowed on the following conditions:-
The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant shall not commit any offence of a like nature while on bail.
The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.