Accused granted bail under Section 482 after considering the delay in complaint filing and absence of evidence for custodial interrogation.

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.858/2025 of Parappanagadi Police Station, Malappuram District. The offences alleged are punishable under Section 75 of the Juvenile Justice (Care and Protection of Children) Act , Section s 9 (l), 9(m) and 9(n) of the Protection of Children from Sexual Offences Act .

3. The prosecution case, in short, is that the applicant who is the father of the victim boy aged 11 years, sexually assaulted him on few occasions at their house in the year 2021 and thereby committed the offences.

4. I have heard Sri. Navaneeth N. Nath, the learned counsel for the applicant and Sri. K.A. Noushad, 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 applicant is a Homeo Doctor. The mother of the victim who is the wife of the applicant is also a Homeo Doctor. It is seen from the records that there exists family dispute between them. Litigations are also pending before the Family Court as well as the criminal court. Annexure B complaint was registered against the applicant at the instance of his wife for the offence punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 on 2.3.2025. She also filed O.P.No. 811/2025 against the applicant claiming return of gold ornaments on 26.6.2025. It was thereafter in the month of December, 2025, the complaint which led to the registration of the present crime was preferred. There is a delay of more than four years. It is true that in the case of sexual assault, the delay, even if it is inordinate is insignificant. However, the delay in this case assumes significance in view of the estranged relationship and various litigations between the parties in the intervening period. That apart, Annexure C, various WhatsApp chats between the victim and applicant would show that their relationship is very friendly and cordial. 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 next Wednesday (4.2.2026) at 10.30 am to undergo medical examination as well as potency test. (v) The applicant shall not commit any offence of a like nature while on bail.

(vi)