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2025 Supreme(Online)(Ker) 16840

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
RAJAN K – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 6615/2025



Advocates:
SRI.THOMAS J.ANAKKALLUNKAL, SMT.ANUPA ANNA JOSE KANDOTH, SHRI.JAYARAMAN S., SMT. DHANYA SUNNY, SMT. ANN MILKA GEORGE

The court granted bail considering the accused's age, the serious nature of allegations, and the duration of detention, emphasizing that continued detention was unnecessary.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bharatiya Nyaya Sanhita, 2023 - Sections 74, 75(2) - Protection of Children from Sexual Offences Act, 2012 - Sections 9(f), 9(l) r/w Section 10, Section 8 r/w Section 7 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 75 - Bail application - Accused charged with sexual assault of a minor - Allegations include inappropriate touching and sexual assault - Court considers the age of the accused, seriousness of allegations, and period of detention - Continued detention deemed unnecessary. (Paras 1-7)

(B) Bail - Conditions for release - Court sets conditions including bond execution, appearance before Investigating Officer, and prohibition against contacting victim or witnesses. (Paras 8)

ORDER

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

2. Petitioner is the sole accused in Crime No.1019/2025 of Muvattupuzha Police Station registered for the offences punishable under Sections 74 , 75(2) of the Bharatiya Nyaya Sanhita, 2023 apart from Sections 9 (f) , 9(l) r/w section 10, Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act, 2012 , and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 .

3. The prosecution case is that, the accused had subjected a 14 year old student to sexual assault by pressing her breasts, lifting her skirt and inappropriately touching her private parts, 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 petitioner was arrested on 06.05.2025 and has been in custody since then. It was further submitted that the allegations against the petitioner are totally false, and therefore, petitioner ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application and submitted that, the allegations are serious in nature, and therefore, petitioner ought not to be released on bail.

7. Petitioner is a tuition teacher of the victim. He is alleged to have sexually assaulted the minor girl. The nature of acts alleged against the petitioner is serious. However, considering the age of the petitioner, the serious nature of allegations and the period of detention already undergone, I am of the view that the continued detention is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

8. 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 appear before the Investigating OfÏcer as and when required.

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

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.

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