Grant of pre-arrest bail is justified when prosecution lacks substantial evidence to connect the accused to the crime.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the sole accused in Crime No.1009/2025 of Vattiyoorkavu Police Station, Thiruvananthapuram District. The offence alleged is punishable under Section 108 of Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that the victim was in a romantic relationship with the applicant. On 07.06.2025, the applicant called the victim to his residence at Kazhakuttom and he committed non-consensual sexual intercourse with the victim after giving false promise of marriage. The applicant subsequently avoided the victim and the emotional distress caused by his actions led the victim to consume rat poison on 21.10.2025 at about 8.30 p.m. and later died while undergoing treatment in the Medical College Hospital, Thiruvananthapuram and thereby committed the above offence.

4. I have heard Sri.R.V.Sreejith, 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The applicant and the deceased were co-workers.

The applicant admit that they were good friends. According to the prosecution version, on 07.06.2025, the applicant called the victim to his residence at Kazhakuttom and he committed non- consensual sexual intercourse with her. It is alleged that the applicant subsequently avoided the victim and the emotional distress caused by this action led the victim to consume rat poison and to commit suicide. There is no allegation that the applicant has in anyway intentionally aided or instigated the victim to commit suicide. That apart, in the crime registered on the allegation that the applicant committed rape on 07.06.2025, he was granted anticipatory bail. The applicant does not have criminal antecedents. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail 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 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