Akash P.S. vs State Of Kerala

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.

The applicant is the accused in Crime No.758/2026 of Poojappura Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 74 and 75(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 8 read with Section 7 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case, in short, is that on 14.02.2025, the victim, a minor girl aged 17 years, went to the house of her friend Varsha at Mankadu. At that time, nobody was present in the house. Upon receiving a phone call on Varsha's phone, the applicant came there. It is further alleged that, while the victim was sitting on a bed in one of the rooms, the applicant, with sexual intent, lay on her lap, kissed her cheek, groped her breasts and thereby committed the aforesaid offences.

I have heard Sri.Shajin S.Hameed, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned 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 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.

The applicant is a student aged 21 years. He does not have any criminal antecedents. There is a delay of one year and four months in lodging the FIR. The alleged incident took place at the house of the friend of the victim, namely, Varsha. The investigating officer has filed a report in which it is stated that on examining the statement of the victim recorded under Section 183 of the BNSS, certain contradictions were noticed, and hence, to ascertain the true facts of the case, a request was sent to the Superintendent of Medical College for recording the statement of the victim with the assistance of a clinical psychologist. Accordingly, on 27.07.2026, the statement of the victim was recorded by Dr.Mercy, Clinical Psychologist, Medical College, and a report was submitted in which it is stated that the victim informed the clinical psychologist that she lodged the complaint when her friendship with Varsha was broken and also when the victim lost opportunities for higher studies, which caused her severe depression. She had also expressed her willingness to withdraw the complaint if Varsha was prepared to restore their friendship. 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:-