The court emphasized the need for balancing the rights of the accused with the integrity of the ongoing investigation when granting pre-arrest bail.

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.878/2025 of Kaippamangalam Police Station, Thrissur District. The offences alleged are punishable under Section 75 (2) of the Bharatiya Nyaya Sanhita, 2023 , Section 75 of the Juvenile Justice Act and Section 10 read with 9(n) of the Protection of Children from Sexual Offences Act, 2012 .

3. The prosecution case, in short, is that on

26.10.2025 at 1 pm, when the survivor girl aged 17 years was lying on bed, someone caught her breast and when she opened her eyes, she found the applicant (grandfather) sitting on her bed. Similarly, some days back, the applicant caught on her thighs while she was sitting near him and thereby committed the offences.

4. I have heard Sri. T.K. Sandeep, 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 is aged eighty four years.

Annexues 2 to 4 medical certificates would show that the applicant is suffering from advanced Alzheimer's Dementia. He has no 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 kp APPENDIX OF BAIL APPL. NO. 14392 OF 2025 PETITIONER ANNEXURES ANNEXURE 1 A TRUE COPY OF HTE FIR IN CR.NO.878/2025 OF KAIPPAMANGALAM POLICE STATION, THRISSUR DISTRICT DATED

7.11.25.