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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.552/2026 of Karipur Police Station, Malappuram District. The offences alleged are punishable under Sections 63(vi) and 65(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 r/w Section 3(a) and Section 6 r/w Section 5(j)(ii) of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case, in short, is that the applicant contracted marriage with the victim on 10.05.2022 in Yemen, when the latter was allegedly aged 14 years, and that the applicant committed penetrative sexual assault upon her, resulting in the birth of a child in the said wedlock in Yemen and thereby committed the offences.
I have heard Smt.Gayathri Muraleedharan, 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 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 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 21.10.2026. The applicant and the victim are husband and wife. The victim has now attained 18 years. Both of them are Indian citizens residing in Yemen. They came here for the treatment of their child. It was at that time, the immigration authorities apprehended them, referred to police and crime was registered. The victim has absolutely no grievance against the applicant.
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 shall 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 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.