Pre-arrest bail granted where no custodial interrogation was deemed necessary due to lack of evidence and previous consent.

O R D E R

Dated this the 16^th day of January, 2026 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.767/2025 of Maradu Police Station, Ernakulam District. The offences alleged are punishable under Sections 64 , 64(2)(m) and 69 of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that the applicant had sexual intercourse with the victim on various occasions at different places between February, 2024 and July, 2024 after giving false promise of marriage. It is further alleged that the victim became pregnant, she was forcibly taken to a clinic by the applicant and aborted the pregnancy.

4. I have heard Smt. Dhanya S Nair, 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. I went through Annexure A2 FIS. It would show that the applicant and the victim were in love and they were living together. Annexure A3 lease deed would show that the applicant and the victim together took a building on lease and they lived together there. They had indulged in consensual sexual intercourse on so many occasions, and the victim has become pregnant later, which was aborted. It is true that the definite case of the victim is that she consented for sex induced by the promise given by the applicant. According to the applicant, in the rented house mentioned above, a male friend of the de facto complainant namely Fayas also resided with them and later on the victim developed intimate physical relationship with him. The said case set up by the applicant appears to be probable in view of Annexure A4 Instagram chat between the applicant and the victim. In the said chat, the victim admits her relationship with Fayas. An entire reading of the chat would show that it was the victim who broke the relationship with the applicant owing to the relationship with the so called Fayas. 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 p