Pre-arrest bail may be granted if the court finds no necessity for custodial interrogation and insufficient evidence to connect the accused with the crime.

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 accused in Crime No.1203/2025 of Kalamassery Police Station, Ernakulam District. The offences alleged are punishable under Section 376(2)(n) of the IPC and Section 69 of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that the applicant sexually assaulted the victim on several occasions right from 2022, after giving a false promise of marriage, later on retracted from the promise and thereby committed the offences.

4. I have heard Smt. Sreelakshmi Sabu, the learned counsel for the applicant, Sri. M.C. Ashi, the learned Senior Public Prosecutor and Sri. Nidheesh T.P., the learned counsel for the respondent No.2. 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 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 28 years and the victim is aged 27 years. Both of them were working at Lulu Mall, Edappally. Admittedly, they were in love since 2022. A reading of the FIS would show that on several occasions, both of them stayed together in different hotels and had sexual intercourse. According to the victim, she consented for the same induced by the promise given by the applicant that he would marry her. The last incident alleged was on 13.5.2025. The FIR was lodged on 22.9.2025. Four days prior to that, i.e., on 17.9.2025, the applicant has given Annexure A3 complaint against the victim before the police. It was thereafter, the FIS was given by the victim. That apart, Annexure A4 WhatsApp chat between the applicant and the victim raises suspicion about the story of false promise of marriage projected by the victim. The applicant 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.

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