Sreejith vs State Of Kerala

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.674/2026 of Peechi Police Station, Thrissur District. The offences alleged are punishable under Sections 64(1) and 332(b) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 read with 7, 4 read with 3 and 6(1) read with 5(j)(ii), (l) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case, in short, is that the applicant, who is the friend of the victim’s father, at about 8.00 p.m. on a day in January, 2026, while she was alone at her house, criminally trespassed into the house, committed penetrative sexual assault on her, repeated the same on multiple occasions to satisfy his lust, impregnated her and thereby committed the aforesaid offences.

I have heard Sri. Jerry Mathew, 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 15.08.2026. The investigation is over and final report has been filed. The alleged incident of sexual act took place at the house of the victim, that too when there was no one. 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: -