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Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicant is the sole accused in Crime No.906/2026 of Poojappura Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 79 and 329(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 11(iii) and 12 of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case, in short, is that on 15.07.2026 at about 5 p.m., the applicant trespassed into the house of the victim, exposed his private part by removing the zipper of his pants and thereby committed the offences.
I have heard Sri. Suman Chakravarthy, 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.
The allegation is that, during a scuffle between the grandmother and grandfather of the victim on the one side and the applicant on the other side, the victim intervened and at that time, the applicant unzipped his pants and showed his private parts to her. The case records would show that there are series of civil disputes between the family of the victim and the applicant. Annexure 10 would show that the applicant had filed a complaint before the State Police Chief alleging that he has been falsely implicated in the above crime and has made a request to take the CCTV visuals of his mobile tower location on the alleged date of incident. According to him, he was not present in the place at the time of the alleged incident. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.
In the result, the application is allowed on the following conditions:-
The applicant shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.
The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
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 bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.