The court granted bail to the accused, finding continued detention unnecessary due to completed investigation and specific conditions imposed to ensure compliance and safety.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.1154/2024 of Venjaramoodu Police Station registered for the offences punishable under Sections 8 , r/w Section 7 , 10 r/w Section 9 (1),(n) and (t) of the Protection of Children from Sexual Offences Act, 2012 , apart from Section 74, 75(2), 75(1)(i), 76 of the Bharatiya Nyaya Sanhitha, 2023.

3. The prosecution case is that, the accused, who is the father of the victim, had, on 14.09.2024, while she was sleeping in her bedroom, came to the room with sexual intent, laid down by her side, and embraced her with sexual intent, and also touched her inappropriately and attempted to remove her t-shirt. Again on the next day in the early morning, the accused caught hold of the victim and kissed her on the lips and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the victim turned 18 years on 03.10.2024 and that the petitioner was arrested on 03.02.2025 and he has been in custody since then. It was further submitted that the entire prosecution allegations are false and that petitioner has been roped in as an accused since he protested against his daughter’s acquaintance and subsequent elopment with a stranger, by name Govindan. As a measure of retaliation against the objections raised by the petitioner regarding such a relationship the instant complaint was registered. It was further submitted that the petitioner had filed a man missing complaint, as per Annexure-A6 FIR, as early as on 15.09.2024, and that the present allegations have been raised at the prodding of the victim’s friend solely to wreak vengeance on the petitioner. It was also submitted by the learned counsel for the petitioner that, pursuant to the man missing complaint, petitioner’s daughter was produced before the learned Magistrate by the Police, after she had eloped with her friend.

6. The learned Public Prosecutor opposed the bail application and submitted that the allegations are serious and though Annexure-A6 FIR was registered, petitioner ought not to be released on bail, having regard to the specific allegations in the case. It was also submitted that the victim is presently residing at Kattakada which her mother.

7. It is noticed from Annexure-A6 FIR, that petitioner had filed a man missing complaint on 15.09.2024 stating that his daughter is missing. The FIR against the petitioner has been registered subsequently, alleging that he misbehaved with his daughter. Petitioner was arrested on 03.02.2025 and has been in custody since then.

8. Taking note of the circumstances, including the registration of the crime against the petitioner and the nature of allegations raised against him, I am of the view that the continued detention of the petitioner is not necessary. Though the learned Public Prosecutor pointed out that petitioner has antecedents, including involvement in another criminal case alleging an offence under Section 376 of the IPC, I am of the view that since the victim in the said case is different, the continued detention of the petitioner is not warranted, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

9. In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave