The court allows pre-arrest bail based on lack of evidence for custodial necessity, emphasizing conditions for cooperation and non-interference with witnesses.

O R D E R

This application is filed underSection 482of theBharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre- arrest bail.

2. The applicant is the sole accused in Crime No.19/2026 of Mannuthy Police Station, Thrissur District. The offences alleged are punishable under Sections 376 (2)(n), 450, 420, 406 and 506 of the Indian Penal Code .

3. The prosecution case, in short, is that the applicant, from October 2019 to December 2023, had sexual intercourse with the defacto complainant on a false promise to marry and he obtained Rs.17,25,000/- from the defacto complainant. When the amount was asked to be paid back, the applicant intimidated the defacto complainant, stating that her nude photographs would be transmitted. The applicant, as against the false promise, did not marry the defacto complainant and committed breach of trust and fraud and thereby committed the offences.

4. I have heard Sri.U.K.Devidas, 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. A reading of the FIS would show that the applicant is a married man and the victim was also married but divorced. Both are having children. It is seen from the FIS that both of them met in the year 2019 and they became friends. It is also seen that they had consensual sexual intercourse on several occasions at her house. According to the victim, she consented to sex since the applicant promised that he would marry her, but later on, he withdrew from the promise. The FIS would further show that there were several financial transactions between them. Annexure 4 is a lawyer notice issued by the victim to the applicant on 05.02.2025 demanding Rs.17,91,907/- which was allegedly due from him. In the said notice, there is no whisper about the alleged sexual assault. On the other hand, it is positively asserted in the said notice that they were good friends. 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