Anticipatory bail can be granted despite serious allegations when custodial interrogation is deemed unnecessary based on the facts and circumstances of the case.

ORDER

This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the sole accused in Crime No.446 of 2025 of Vagamon Police Station, Idukki, registered for the offences punishable under Sections 354 , 354A(1)(i), 509, 294(b) and 506 of the Indian Penal Code, 1860 [for short, ‘ IPC ’] and Section 120 (o) of the Kerala Police Act, 2011 . The learned Public Prosecutor, upon instructions, submitted that Section 354 A(1)(i) of has been deleted during the course of investigation.

3. According to the prosecution, the accused is alleged to have attempted to sexually molest the de facto complainant, who is his wife’s sister and also abused her over phone and threatened to kill her and thereby committed the offences alleged.

4. Heard Sri.Biju C.Abraham, the learned Counsel for the petitioner as well as Sri.Noushad K.A., the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that petitioner has been falsely arrayed as an accused and that he has no involvement in the alleged crime and, therefore, he may be granted anticipatory bail.

6. The learned Public Prosecutor opposed the bail application and submitted that custodial interrogation is necessary.

7. Petitioner has been harassing and abusing the de facto complainant repeatedly. Petitioner is also alleged to have attempted to sexually molest the de facto complainant in the year 2009. De facto complainant is none other than petitioner’s wife’s sister. There are various disputes between the parties including financial as well as property disputes. Considering the relationship between the parties and also the nature of allegations, I am of the view that petitioner could be protected with an order of pre-arrest bail on conditions.

8. InSushila Aggarwal and Others v. State (NCT of Delhi) and Another, 2020 (5) SCC 1 , it was held that while considering whether to grant anticipatory bail or not, Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case. Grant of anticipatory bail is a matter of discretion and the kind of conditions to be imposed or not to be imposed are all dependent on facts of each case, and subject to the discretion of the court.

9. In Ashok Kumar v. State of Union Territory of Chandigarh , [2024 SCC OnLine SC 274] , it has been held that a mere assertion on the part of the State while opposing the plea for anticipatory bail that custodial interrogation is required would not be sufÏcient and that the State would have to show or indicate more than prima facie case as to why custodial interrogation of the accused is required for the purpose of investigation.

10. Having regard to the facts and circumstances of the case, this Court is of the view that though the allegations are serious in nature, custodial interrogation of the petitioner is not required. Hence, petitioner is entitled to be released on pre-arrest bail.

Accordingly, this application is allowed on the following conditions:

(a) Petitioner shall appear before the Investigating OfÏcer on 27.08.2025 and shall subject himself to interrogation. (b) If after interrogation, the Investigating OfÏcer proposes to arrest the petitioner, then, he 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 before the Investigating OfÏcer.

(c) Petitioner shall appear before the Investigating OfÏcer as and when required and shall also co-operate with the investigation.

(d) Petitioner shall not intimidate or attempt t