Pre-arrest bail is granted where evidence does not warrant custodial interrogation, subject to conditions ensuring cooperation with the investigation.

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 in Crime No. 618/2025 of Kalpakanchery Police Station, Malappuram District. The offence alleged is punishable under Section 64(2)(m) of the BNS, 2023.

3. The prosecution case, in short, is that the applicant had sexually assaulted the victim several times, after giving false promise of marriage and thereby committed the offence.

4. I have heard Sri.B.Sibi, 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 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 23 years and the victim is aged

26 years. The victim is a divorcee and has a daughter. A reading of the FIS would show that the applicant and the victim were in a live-in relationship and they had consensual sexual intercourse several times and she became pregnant. The allegation that the victim consented for sex since the applicant promised to marry her is something to be proved during trial. Admittedly they were in live-in relationship and had consensual sexual intercourse several times. 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 appear before the Investigating Officer on 05.02.2026 to undergo potency test and medical examination.

(v) The applicant shall not commit any offence of a like nature while on bail.

(vi) 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. (vii) 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/-