Pre-arrest bail is warranted when custodial interrogation is deemed unnecessary, especially in cases with consensual elements and minor victims.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking pre-arrest bail.

2. The applicant is the accused in Crime No.663 of 2025 of Chavakkad Police Station, Thrissur. The offences alleged are punishable under Sections 64 , 332(b) of the Bharatiya Nyaya Sanhita , 2023 and under Sections 3 (a), 4 and 7 r/w 8 of the Protection Of Children from Sexual Offences Act .

3. The prosecution case, in short, is that the applicant faking love with the respondent No.2, with sexual intent, trespassed into her house on 09.07.2025 at 1.15 a.m. and committed penetrative sexual assault on her and impregnated her.

4. I have heard Sri.C.Dheeraj Rajan, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. 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. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

6. I went through the FIS. A reading of the FIS would show that the alleged sexual assault was purely consensual. It took place at the house of the victim at midnight. The date of birth of the victim is 11.07.2007 and the incident took place on 09.07.2025, just two days prior to her attaining majority. The respondent No.2 appeared through counsel and filed an affidavit stating that respondent No.2 had been in love with the applicant for the past two years and they had consensual sexual intercourse on 09.07.2025. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as well as for undergoing potency test, as and when demanded.

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

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

(v) 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.

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

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-