Pre-arrest bail granted based on insufficient grounds for custodial interrogation and emphasis on applicant's cooperation with investigation.

O R D E R

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.1562/2025 of Puthoor Police Station, Kollam District. The offences alleged are punishable under Sections 64 and 69 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the applicant had sexual intercourse with the victim after giving a false promise of marriage and later on he withdrew from the promise and thereby committed the offences.

4. I have heard Sri. Ajivass V.A., the learned counsel for the applicant and Sri. U. Jayakrishnan, the learned 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 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 is aged 24 years and the victim is aged 23 years. The applicant was a trainer at a gymnasium, and the victim was undergoing training under the supervision of the applicant. A reading of the FIS would show that eventually they fell in love and decided to marry. The victim admitted in the FIS that she had consensual sexual intercourse with the applicant so many times. According to her, subsequently, the applicant withdrew from the promise of marriage. The applicant has produced Annexure B WhatsApp chat of the victim, in which she has admitted that she filed complaint against the applicant at the instance of her parents. The applicant does not have any 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 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/-

DR. KAUSER EDAPPAGATH JUDGE Jms PETITIONER ANNEXURES Annexure A THE CERTIFIED COPY OF THE ORDER DATED

20.12.2025 OF CRL.M.C. NO:3310/2025 BEFORE THE PRINCIPAL SESSIONS JUDGE,KOLLAM Annexure B THE TRUE COPY OF THE WHAT’S APP COMMUNICATIONS SENT BY THE COMPLAINANT ON THEIR FRIENDS’ GROUP Annexure B1 THE TRUE COPY OF THE WHAT’S APP COMMUNICATIONS SENT BY THE COMPLAINANT ON THE