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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.921/2026 of Valappad Police Station, Thrissur District. The offences alleged are punishable under Sections 64, 64(2)(m), 69 and 74 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the applicant with an intention to sexually assault the defacto complainant, enticed her by pretending to be in love since the year 2025, promising that he will marry her. Thereafter, the applicant took the defacto complainant to Thalikkulam Snehatheeram beach, grabbed her breasts, inserted his finger into her vagina at the wash room of the beach, thereby outraged her modesty and sexually assaulted her. It is also alleged that, the applicant committed sexual intercourse with the defacto complainant many times in the month of April 2026 at a lodge near Vadakkumnadha Temple at Thrissur and thereby committed the offences.
I have heard Sri.T.K.Sandeep, the learned counsel for the applicant and Smt.Aneeda Beegum, 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 07.10.2026. Both the applicant and the defacto complainant are aged 23 years. A reading of the FIS would show that they were in love and they had consensual sex. 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.