Insufficient evidence warrants bail; conditions imposed to mitigate risk of witness tampering.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the sole accused in Crime No.2218/2025 of Thrissur Town East Police Station, Thrissur District. The offence alleged is punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the applicant lured the defacto complainant through a matrimony App, subjected the defacto complainant to sexual penetrative exploitation, on 25.11.2025 at a lodge near Kayamkulam KSRTC bus stand and on 26.05.2025 in another lodge near Thrissur Jubilee Mission Hospital, Thrissur, on a false promise to marry and thereby committed the offence.

4. I have heard Smt.Sona Maria Biju, 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 present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

02.01.2026. The investigation is almost over. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH

SKP

JUDGE

APPENDIX OF BAIL APPL. NO. 561 OF 2026 PETITIONER’S ANNEXURES:

Annexure 1 TRUE COPY OF THE ORDER DATED 08-01-2026 IN CRL.MP NO. 1 OF 2026 OF JFCM I, THRISSUR Annexure 2 A TRUE COPY OF THE ORDER DATED 22-01-2026 IN BAIL APPLICATION NO 69/2026 OF THE COURT OF I ADDITIONAL SESSIONS JUDGE, THRISSUR RESPONDENTS' ANNEXURES: NIL TRUE COPY P.A. TO JUDGE