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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.655/2026 of Kodakara Police Station, Thrissur District. The offences alleged are punishable under Sections 450, 363, 376(2) (n) and 376(3) of the Indian Penal Code, 1860, Sections 6(1) r/w 5(l) and 4(1) and (2) r/w 3(a) of the Protection of Children from Sexual Offences Act, 2012, and Sections 3(1)(w) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The prosecution case, in short, is that the applicant was the neighbour of the victim and during the days after Onam in the month of August 2021, he criminally trespassed into her home at Alathoor desom in Nellayi Village and had forceful intercourse with her at her bedroom and thereafter on a day, he kidnapped her to a bushy land and repeatedly had intercourse with her, while she was aged 15 years, fully knowing that she belonged to a Scheduled Caste and impregnated her, which subsequently ended by administering contraceptive pills to her. Accordingly, he is alleged to have committed aggravated penetrative sexual assault and rape on her and thereby committed the above offences.
I have heard Sri.Nireesh Mathew, the learned counsel for the applicant and Sri.Devadas H. Mallan, 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 20.08.2026. A reading of the First Information Statement would show that the applicant and the victim were neighbours and they had consensual sexual intercourse. The investigation is almost over. 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 applicant shall not enter into the jurisdictional limits of the Police Station where the defacto complainant resides.
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.