The court ruled that consensual sexual intercourse does not constitute grounds for denying bail when the applicant has no criminal antecedents.

O R D E R

Dated this the 27^th day of January, 2026 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 sole accused in Crime No.974/2025 of Medical College Police Station, Kozhikode District. The offence alleged is punishable under Section 69 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that in between 28.02.2025 and 27.09.2025, the applicant concealing that he is already married, on the false promise of marriage, sexually abused the de facto complainant on different occasions at Ria lodge.

4. I have heard Sri. Sojan Micheal, 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 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 25.12.2025. The investigation is almost over. The applicant is an unmarried man aged 34 years. The victim is a divorcee, also aged 34 years. A reading of the FIS would show that they met through a matrimonial website and had consensual sexual intercourse thrice. According to the victim, she consented for marriage persuaded by the promise of marriage given by the applicant. Whether there was false promise of marriage or not, is a matter of evidence. At any rate, admittedly, the alleged sexual intercourse was consensual in nature. The applicant has no 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 Rs.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 leave the State of Kerala without the permission of the trial Court.

(vii) 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 ARK APPENDIX OF BAIL APPL. NO. 201 OF 2026 PETITIONER ANNEXURES ANNEXURE 1 FREE CERTIFIED COPY OF THE ORDER DATED 05.

01.2026 IN C.M.P NO: 6718/ 2025 OF THE JUDICIAL MAGISTRATE COURT, KUNNAMANGALAM