The court granted pre-arrest bail, emphasizing the delayed complaint and the potential for fabricated allegations.

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 accused No.1 in Crime No.1265/2025 of Ayiroor Police Station, Thiruvananthapuram District. The offences alleged are punishable under Section s 64 , 88, 137(2) and 74 of the Bharatiya Nyaya Sanhita , 2023, Section 66E of the Information Technology Act , 2008 and Section s 3 read with 4, 5(l) and 14 read with 15 of the Protection of Children from Sexual Offences Act , 2012.

3. The prosecution case, in short, is that the applicant sexually assaulted the victim since she was 17 years old on several occasions, pretending love, also misappropriated gold and cash belonging to her and thereby committed the offences.

4. I went through the FIS. Even though the act of sexual assault commenced while the victim was aged 17 years, the complaint was filed and FIR was registered after five years, i.e., on 08.10.2025.

5. Annexure 3 is the FIR No.1468 of 2025 of Varkala Police Station, Thiruvananthapuram District registered on the same day. The de facto complainant herein is the accused No.1 and the applicant herein is the accused No.2 in the said crime. The offences alleged are under Sections 4 (2), 3(b), 3(d), 6(1), 5(l), 5(m), 5(n), 8, 7, 10, 9(l), 9(m), 9(n), 14(2) and 13(b) of the Protection of Children from Sexual Offences Act , 2012. A reading of the said FIR would show that the allegation against the de facto complainant is that she sexually exploited a 3½ year old girl, recorded her sexual act and sent it to the applicant herein, who is stated to be her lover. The applicant herein forwarded the said video to one of the relatives of the victim, who in turn forwarded it to the mother of the victim which led to the filing of the complaint against the de facto complainant and registration of Annexure

3 crime. In these circumstances, prima facie I find some force in the argument of the learned counsel for the applicant that the allegation in the above crime (Crime No.1265/2025)

is a foisted one.

6. This Court passed an interim order dated

19.01.2026, whereby the applicant was directed to appear before the investigating officer for interrogation on 27.01.2026 at 10.30 a.m. It is submitted that, in compliance with the said order, the applicant appeared before the investigating officer and was interrogated. A report to that effect has been filed before this Court. It is stated in the report that the applicant needs to undergo medical examination and a potency test. In these circumstances, the applicant's 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