The court determined that continued detention of the applicant was unnecessary due to lack of evidence and no criminal history, allowing bail with conditions.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.1 in Crime No.1745/2025 of Thiruvalla Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 74 , 126(2), 75(1)(i) of the Bharatiya Nyaya Sanhita, 2023 and Sections 11(i), 12, 9(m), 9(n) and 10 of the Protection of Children from Sexual Offences Act (Amended) 2012.

3. The prosecution case, in short, is that the applicant, who was in relationship with the accused No.2 (the mother of the minor victim), had engaged in sexual acts in the presence of the victim during hospital stays in 2019 and attempted sexual assault on the victim in 2023.

4. I have heard Sri. Saju S., the learned counsel for the applicant and Smt. M.K. Pushpalatha, 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 bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 14.11.2025. The main allegation is that the applicant and accused No.2 had engaged in sexual activities several times in the presence of the minor victim. The investigation is almost over. The applicant does not have any criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose.

Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail on executing a bond for ₹1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(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 enter into the Kottayam District where the victim resides.

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

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

DR. KAUSER EDAPPAGATH JUDGE kp APPENDIX OF BAIL APPL. NO. 14419 OF 2025 PETITIONER ANNEXURES Annexure-Al TRUE COPY OF THE FIR NO. 1745/2025 DATED