The court found that bail was justified due to the accused's custody duration and absence of prior offenses despite serious allegations.

O R D E R

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.1515/2025 of Petta Police Station, Thiruvananthapuram registered for the offences punishable under Section 8 r/w Section 7 , Section 10 r/w Section 9 (1), Section 12 r/w Section 11 (i) of the Protection of Children from Sexual Offences Act , 2012 (for short ‘the POCSO Act’) and Sections 7 5(1)(i) and 351(2) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘the BNS ’).

3. The prosecution case is that the accused who is the driver of a private school van bearing registration number KL-22- Q-6925, on a date before 09.06.2025, touched on the thighs of the victim aged 13 years and on 13.08.2025, at 7.30 a.m., pressed on her breasts and touched on her private part. Further, on 31.10.2025, the accused threatened the victim and thereby committed the offences alleged. Petitioner was arrested on

04.11.2025 and he has been in custody since then.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been in custody since 20.11.2025 and hence he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application.

7. Petitioner is alleged to have groped a minor girl aged 13 years, while he was acting as the driver of a school van. The petitioner had apparently sexually assaulted the minor victim on multiple occasions. Though the allegations are serious, considering the period of custody already undergone by him, and since no antecedents have been reported against him, I am of the view that the further detention of the petitioner is not necessary. Therefore, the petitioner is entitled to be released on bail.

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

(a) Petitioner 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 to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.