AI Structured Summary
Not yet generated for this judgment
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.682/2026 of Cheruthuruthy Police Station, Thrissur District. The offences alleged are punishable under Sections 332(c) and 75(1)(i) of the Bharatiya Nyaya Sanhita, 2023 and Section 8 read with Section 7 and Section 10 read with Section 9 of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case, in short, is that the applicant, being acquainted with the family of the victim, a minor girl aged 15 years, on several occasions between May 2026 and September 2026, and lastly on 12.09.2026 at about 11.15 a.m., trespassed into the rented house where the victim and her family reside, with sexual intent, committed sexual assault on her and thereby committed the aforesaid offences.
I have heard Smt.Kalyani Balachandran, the learned counsel for the applicant and Sri.V.Vinay, 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 21.09.2026. The investigation is over and the final report has been filed. 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 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.