Pre-arrest bail can be granted if custodial interrogation is deemed unnecessary under specific circumstances, considering the nature of allegations and family animosities.

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.34/2025 of Vanitha Police Station, Palakkad District. The offences alleged are punishable under Sections 75 (1)(ii) & 79 of Bharatiya Nyaya Sanhita and Sections 12 & 11(i) of the POCSO Act .

3. The prosecution case, in short, is that the survivor is a minor girl child aged 16 years and the applicant is the relative of the survivor. In the first week of November, 2025 at about 5.30 P.M, the applicant with sexual intention, while the survivor was returning from the toilet situated outside her uncle’s house, called the survivor by tapping his hands, exhibited his male organ to the survivor by raising his dhoti, he invited the survivor with sexual favour for sexual needs and thereby committed the above offences.

4. I have heard Sri.Saijo Hassan, 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 Senior 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 victim’s parents are abroad. She is residing with her uncle namely Ibrahim. The documents produced along with the bail application would show that there is animosity and various cases between Ibrahim, and the applicant and his family. Annexure-1 would show that a civil dispute is pending between the two families. Annexures 2 and 3 would show that two criminal cases were registered against the uncle of the victim on the complaint given by the applicant’s wife, applicant and mother. In Annexure-3 case, the victim’s uncle was arrested and detained in custody for fifty days. It was thereafter the present crime is registered. 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.