The court allows bail on the grounds of non-violation of interim conditions and assesses the circumstances surrounding the case.

ORDER

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

2. The petitioner is the sole accused in Crime No.1055/2025 of Kalady Police Station, Ernakulam. The offences alleged against the petitioners are punishable under Sections 64(2) (m) and 137(2) of BNS, Section 9 of Prohibition of Child Marriage Act , and Sections 4(1) r/w

3(a), 6 r/w 5(j)(ii), 5(1) of POCSO Act 2012.

3. The prosecution case is that the petitioner kidnapped a minor girl, aged 17 years and 6 months, from the lawful guardianship of her parents and subsequently married her, as per Muslim rites and customs, at his residence in Lochanbori, Assam, in December 2024. Thereafter, he committed rape on the victim and thereby impregnated her.

4. The petitioner was arrested on 26.07.2025.

5. This Court, as per order dated 09.10.2025, granted interim bail to the petitioner on the following conditions:-

“(a) Petitioner shall be released on interim 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 Officer/Court as and when directed.

(c) Petitioner shall not leave the jurisdictional limits of Kalady Police Station, until further orders.“

6. Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.

7. The learned counsel for the petitioner submitted that the petitioner has not misused the liberty granted by this Court. At the time of the incident, the petitioner was 26 years old, and the victim was 17 years and 6 months old.

8. The learned Public Prosecutor opposed the bail plea.

9. Having regard to the circumstances brought out, I am of the view that the interim bail granted to the petitioner can be made absolute. Therefore, the interim bail granted to the petitioner is made absolute. 'Condition No. (c)' in the above-exctracted order – the order dated 09.10.2025 is lifted.

The learned Public Prosecutor submitted that the victim is now housed in Integrated Child Care Center, Nettayam. The Secretary, DLSA, Thiruvananthapuram, shall provide necessary legal aid to the victim.

The bail application is allowed as above.