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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.940/2026 of Puthencruz Police Station, Ernakulam District. The offences alleged are punishable under Sections 64(1), 64(2)(m) 75(2) & 76 of the Bharatiya Nyaya Sanhita, 2023, Section 67B of the Information Technology Act 2000 and Section 3(a) r/w 4(1), 5(l) r/w 6(1), 9(l) r/w 10, 11(iii), 11(iv) r/w 12 & 15(2) of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case, in short, is that in November 2025, at about 12.45 a.m., and on various occasions thereafter until May 2026, the applicant, aged 22 years, trespassed into a room situated on the upper floor of the residence of the victim, aged 17 years, and committed penetrative sexual assault on her. It is further alleged that the applicant recorded an intimate video involving himself and the victim, subsequently sent the same to the WhatsApp number of the victim’s grandmother and thereby committed the aforementioned offences.
I have heard Sri. P Mohamed Sabah, 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 21.10.2026. The applicant is aged 22 years, and the victim is aged 17 years. A reading of the FIS would show that the applicant and the victim were in love. 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.