The absence of evidence for serious charges, coupled with long custody, justifies bail under specified conditions.

O R D E R

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 accused No.3 in Crime No.1008/2024 of Konni Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 3 33 , 127(2), 115(2), 64(1), 351(2), 62, 74 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that on 20.12.2024, at about 10:30 pm, the accused along with the applicant trespassed into the rented residence of the defacto complainant at Anakuzhy, Iravon Village, and committed rape on her. The applicant is further alleged to have snatched her mobile phone and attempted to call her employer.

4. I have heard Sri.Antony Paul , 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

23.12.2024. The investigation was over and the final report was already filed. The applicant does not have any criminal antecedents. A reading of the FIS would show that there is no allegation of penetrative sexual assault. In the wound certificate also, there is no evidence of penetrative sexual assault. At any rate, the applicant is in custody for the last more than one year. 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.

7. The learned Public Prosecutor submitted that, the applicant being the native of Assam, if bail is granted, he will abscond. In the circumstances, a further condition can be imposed to ensure his continued presence in Kerala, that, the applicant shall report before the Investigating Officer on alternate days. 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 produce sureties from the Kerala.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every alternate days until further orders.

(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 AS APPENDIX OF BAIL APPL. NO. 443 OF 2026 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE ORDER IN CRL. M. P.

NO. 2581/2025 DATED 24.03.2025 OF THE HON’BLE SESSIONS COURT PATHANAMTHITTA ANNEXURE A2 THE TRUE COPY OF THE ORDER IN BAIL APPLICATION NO. 14077/2025 DATED