The Court grants bail based on the absence of criminal antecedents and time served in custody despite serious allegations.

ORDER

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.1774/2025 of Vizhinjam Police Station registered for the offences punishable under Section 8 r/w Section 7, Section 10 r/w Section 9(p) of the Protection of Children from Sexual Offences Act , 2012 apart from Section 75 (1)(i) of Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case is that, accused had on 19.10.2025 sexually assaulted a minor girl aged 12 years while she was travelling in an autorickshaw driven by the accused and thereby committed the offences alleged.Petitioner was arrested on 19.10.2025 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 contended that the prosecution allegations are false and that since petitioner has been in custody from

19.10.2025, he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application and submitted that petitioner ought not to be released on bail.

7. Petitioner is alleged to have with sexual intent groped the victim by catching hold of her breasts and her private parts that too on a minor girl aged 12 years.

8. Though the allegations are serious since the learned Public Prosecutor submitted that there are no criminal antecedents against the petitioner and bearing in mind the period of custody already undergone, I am of the view that the continued detention is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

9. 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 or contact the victim or her family members.

(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.