Modification of bail conditions under POCSO and SC/ST legislation is permissible based on circumstances and judicial discretion.

ORDER

Dated this the 31^st day of January, 2026 The petitioner who is the sole accused in Crime No.1501/2025 of Kalady police station filed this Crl.M.C. seeking modification in the bail conditions imposed by the learned Special Judge while granting bail to him as per Annexure A1 order.

2. The offences alleged against the petitioner are under Section

127(2), 351(2) of BNS and Section 4(2) r/w 3(d), 6 r/w 5(i) of the POCSO Act and various provisions of the SC/ST(PoA) Act. While granting bail to the petitioner, the learned Special Judge has directed the petitioner to appear before the Investigation Officer on alternative Saturdays until filing of the final report. There was a further direction not to enter within the limits of Kalady Village where the victim and her family are residing, until further orders.

3. According to the learned counsel for the petitioner, the petitioner has no place of abode other than the one in Kalady Village and therefore she seeks modification in the above condition imposed by the learned Sessions Judge.

4. The petition was strongly opposed by the learned Public Prosecutor on the ground that, if the above condition was lifted, there is every likelihood of him threatening or influencing the victim.

5. On a perusal of Annexure A1 bail order, it appears that, the learned Sessions Judge had imposed such a condition only ‘until further orders’. Therefore, the petitioner is permitted to approach the Sessions Judge for modification if any, in the conditions imposed in Annexure A1 order.

With the above observation, this Crl.M.C. is closed.

Sd/-