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Judgment
ORDER
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.655/2026 of Palluruthy Police Station, Ernakulam District. The offences alleged are punishable under Sections 64(1), 64(2)(m), 332(b), 75(2) and 75(1)(i) of the Bharatiya Nyaya Sanhita, 2023 and Sections 7, 8, 4(1), 3(a), 6 and 51 of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case, in short, is that during the month of June, 2026 the applicant trespassed into the residential house of the minor victim at Kumbalanghi village, touched her breast, removed her dress and committed penetrative sexual assault on her and two days after that incident, he again came to her house and committed penetrative sexual assault on the minor aged 17 years and thereby committed the above offences.
I have heard Sri.B.N.Shivsankar, 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 13.07.2026. The applicant is aged 19 years and the victim is aged 17 years. A reading of the First Information Statement would show that they were in a love relationship and had consensual sexual intercourse. The investigation is over and the final report has already been filed. 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 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.