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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.757/2026 of Tanur Police Station, Malappuram District (wrongly shown as Crime No.1995/2024 of Tirur Police Station, Malappuram in the docket). The offences alleged are punishable under Sections 69, 75(1) and 75(2) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the applicant became acquainted with the defacto complainant, a B.Sc. Nursing student of Sri Maruthi College of Nursing, Bengaluru, through Instagram and with the intention of committing sexual intercourse, induced her by falsely promising to marry her, on 05.10.2025, the applicant took her to the room provided by his company at Devanahalli, kissed on her face and neck, promised that he would marry her shortly and had sexual intercourse with her. Thereafter, on 15.12.2025 at Unniyal Beach, Tirur, Malappuram, the applicant kissed on her face and neck, subsequently on 31.12.2025 in a room adjacent to his friend's room at Devanahalli, the applicant had sexual intercourse with her and on the following day, took her to his room and had sexual intercourse with her continuously for three days and thereby committed the offences.
I have heard Sri. T.C. Govindaswamy, 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 aged 27 years and the defacto complainant is aged 19 years. A reading of the FIS would show that they contacted through Instagram and fell in love. The averments in the FIS would further show that on multiple occasions they went together and stayed in different places for days together and had consensual sex. According to the defacto complainant, she consented for sex on the promise that the applicant would marry her. However, there is no allegation that there was intention at the inception on the part of the applicant to deceive her. The investigation has reached an advanced stage. The applicant is not involved in any other crime of similar nature. 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.