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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.396/2026 of Agali Police Station, Palakkad District. The offences alleged are punishable under Section 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023 and Sections 6(1), 5(i), 12 and 11(iv) of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case, in short, is that the applicant committed severe penetrative sexual assault and rape on the victim various times during the period from 15.08.2024 to 25.06.2025, when the victim was a minor. When the victim attained majority, at the house in Kaarara where the applicant previously resided, inside the car of the applicant bearing No.KL 50 4065 and at the Bharat Residency Hotel in Coimbatore, Tamil Nadu, on various occasions from 21.08.2026, the applicant repeated the offences. Thereby the applicant committed the offences..
I have heard Sri.Vishnu Menon, the learned counsel for the applicant and Sri.Vinay V., 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 14.09.2026. The investigation is almost over. A reading of the FIS would show that the applicant and the victim were in a relationship. The applicant has no criminal antecedents. 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.