The court emphasized that bail may be denied to prevent interference with ongoing investigations and the safety of witnesses.

ORDER

This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioner is the sole accused in Crime No.599/2025 of Arthunkal Police Station. The offences alleged against the petitioner are punishable under Sections 78 (1)(i), 75(1)(i), 74, 126(2), 76, 64(1) and 64(2)(f) of the Bharatiya Nyaya Sanhita ( BNS ), 2023.

3. The prosecution case as discernible from Anx.3 order reads thus:

“On 25.08.2025, the victim along with her parents went to a marriage function in her uncles' house. From there, she along with Kochumol, daughter of her uncle, went to provide biriyani to one of their friends by name Abhaya and travelled to that house on a bullet motorcycle ridden by the petitioner. While retuning in the same motorcycle, petitioner compelled the victim to go to a Bar hotel. But without considering her objection, he took the victim and Kochumol to the executive room of Karappuram Bar' and compelled them to consume beer. After that, the victim began vomiting and she went outside. The petitioner followed her to the ladies toilet and while she was vomiting, at about 8:00 p.m he with the intention to outrage her modesty, wrongfully restrained and beat on her buttock twice When she resisted his attack, he forcibly laid her on the floor, biting an her lip and pressed her breast. When the victim attempted to escape, he bite on her cheek and touched her genital organ. When she tried to push him away, he pulled her back inside of the bathroom and lifted her dress and touched her private parts. He also threatened her not to disclose the incident to anybody. When she cried, he asked her to wash face When she felt discomfort, he brought her to the floor and from there also, she began to vomit. Seeing this, Kochumol and her husband came there and taken the victim in the same motorcycle to her home. The victim disclosed the incident to the son of her uncle and to her cousin sister. On the next day morning that is on 26.08.2025 the petitioner with an intention to repeat sexual assault sent WhatsApp message asking 'whether she was ok'. By the act of the petitioner, she was facing mental agony and insult. Due to mental stress and physical discomfort after the incident, she went to Govt. Taluk Hospital, Cherthala Therefore, delay caused in reporting the incident to the police.(sic)”

4. The petitioner was arrested on 20.09.2025 and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that the investigation is practically over and the further detention of the petitioner is not required.

7. The learned Public Prosecutor opposed the bail plea of the petitioner on the ground that the investigation is in the preliminary stage.

8. The learned Public Prosecutor submitted that if the petitioner is released on bail, he will threaten the witnesses in this case.

9. Having regard to the nature of the allegations, and the apprehension of the investigating agency that the release of the petitioner would adversely affect the progress of the investigation, this Court is of the view that the petitioner is not entitled to be released on bail at this stage.

The Bail Application stands dismissed.