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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.350/2026 of Thrithala Police Station, Palakkad District. The offences alleged are punishable under Sections 64(2)(m), 75(1), 76 and 78(1) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the applicant, who was the defacto complainant's junior at the college, approached her with the intention of subjecting her to sexual assault and induced her by making a promise of marriage. On 11.01.2026, the applicant took her to a room at Fathima Hotel, Kottakkal, where he allegedly embraced her, forcibly touched various parts of her body and attempted to disrobe her with the intention of sexually assaulting her. Thereafter, on 22.01.2026, the applicant again took her to the aforesaid hotel, hired a room and subjected her to sexual assault. Subsequently, on 13.04.2026, the applicant called her to his house at Kadaloor on the pretext of returning the money he had borrowed from her and again subjected her to sexual assault in the bedroom of his house. Thereby the applicant committed the aforementioned offences.
I have heard Sri.M.P.Shameem Ahamed, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekutt, 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 01.07.2026. The applicant and the defacto complainant are aged 19 years. A reading of the FI Statement would show that they were in love and had consensual sexual intercourse. The investigation is almost over. 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.