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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the sole accused in Crime No.928/2026 of Palluruthy Police Station, Ernakulam District. The offences alleged are punishable under Sections 4(1) r/w 3(a)(b), 6 r/w 5(l) and 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 and Sections 332(b), 64(1) and 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that one day during the month of July 2026, the applicant who met a 17-year-old victim via social media lured her by feigning love, kissed the victim and committed penetrative sexual assault in a lift and also in the lane leading to the victim's house at 1 a.m., and also at the victim’s house. The applicant also committed penetrative sexual assault against the victim during the last week of August 2026 at 11 a.m. at the victim's house and continued the sexual assault for a week and thereby the applicant committed the aforementioned offences.
I have heard Sri.P.Mohamed Sabah, 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 present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 02.10.2026. The applicant has no criminal antecedents. The applicant is aged 22 years and the victim is aged 17 years. They were in love and they had consensual sexual intercourse. The investigation is almost over. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail 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 jurisdictional Magistrate/Court.
The applicant shall fully co-operate with the investigation.
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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.