Bail granted due to lack of evidence for custodial necessity and initial consent in alleged acts.

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.2161/2025 of Thodupuzha Police Station, Idukki District. The offences alleged are punishable under Sections 64 (2)(m), 64(2)(h), 69, 79 and 318(4) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that the applicant committed rape on the survivor on 20.08.2024 at her residence and thereafter in an apartment at Riverview road against her will and without her consent and thereby committed the above offences.

4. I have heard Sri.N.A.Shafeek, the learned counsel for the applicant and Sri.K.A.Nousahd, 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. I went through the FIS. A reading of the FIS would show that the applicant and the survivor were in a relationship since 2020. It is alleged that the applicant promised to marry her. Thereafter on two occasions; first one at her house and the second one at the resort, the applicant forcefully committed rape on her. The alleged incidents were in the year 2024. However, the FIS was lodged only on 18.12.2025. According to the survivor, she came to know that the applicant was going to marry another girl and it was thereafter the complaint was lodged. The survivor initially filed a complaint before the Station House Officer, Thodupuzha which is marked as Annexure-A. The story in Annexure-A is a different one. In Annexure-A, she stated that they were living as husband and wife together and they had consensual sex twice and she became pregnant. It is also stated in the said complaint that she came to know that the applicant was going to marry another girl and that was the reason for filing the complaint. Thus, it appears that the alleged sexual acts between the applicant and the survivor were consensual in nature. 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 on 10.02.2026 and 11.02.2026 at 10 a.m. to undergo medical examination and potency test.

(iv) 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.

(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 tampe