The court emphasizes that insufficient evidence and the applicant's age warrant bail, subject to strict conditions.

ORDER

(Dated this the 25th day of June, 2025)

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail.

2. The applicant is the sole accused in Crime No.673/2025 of Kottiyam Police Station, Kollam. The offences alleged are punishable under Section s 65 (1) , 74 , 75(2) , 76 , 332(b) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’) and Section 4 r/w 3 , 8 r/w 7 and Section 12 r/w 11(i) of the Protection of Children from Sexual Offences Act (for short ‘POCSO Act’)

3. The prosecution case, in short, is that on 22.04.2025, at 1.45 am., at the terrace of the victim, the applicant sexually assaulted her and committed the offences.

4. I have heard Sri.S.Sreekumar, the learned counsel for the applicant, Smt.Sreeja V, the Senior Public Prosecutor and Sri.Bijith S Khan, the learned counsel for the victim. Perused the case diary.

5. 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 get 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.

6. The applicant was remanded to judicial custody on 22.04.2025. The applicant is aged 19 years and the victim is aged 15 years. A reading of the statement of the victim would show that they were in love. It is pertinent to note that the incident took place at the terrace of the house of the victim that too in the midnight. In the statement, she has admitted that at midnight, the applicant came to her house, she voluntarily went to the terrace and thereafter the alleged sexual act took place. The investigation of the case is almost over. For all 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: -

(i) 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.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not enter into the jurisdiction of the Kottiyam Police Station where the victim resides until further orders.

(v) The applicant shall not commit any offence of a like nature while on bail.

(vi) 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.

(vii) The applicant shall not leave the State of Kerala without the permission of the trial Court.