Pre-arrest bail is denied due to the seriousness of allegations and necessity for custodial interrogation.

O R D E R

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 sole accused in Crime No.913/2025 of Vattiyoorkavu Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 8 r/w 7 and 10 r/w 9(1)(m) of the Protection of Children from Sexual Offences Act, 2012 .

3. The prosecution case, in short, is as follows:- The victim is a minor boy aged 5 years and he is studying in UKG. The applicant is the friend of the victim's father. The allegation against the applicant is that while the victim was at his father's residence at Manikandeshwaram, the applicant, with sexual intent, repeatedly held the victim's penis and inappropriately touched his private parts, on various occasions and thereby committed the offences.

4. I have heard Sri.Mahesh V. Menon, the learned counsel for the applicant and Smt.V.Sreeja, 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. 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 law regarding the grant or refusal of pre-arrest bail is well settled. Pre-arrest bail cannot be granted as a matter of course. The power under Section 482 of BNSS could be exercised only when a special case is made out, that too, recording reasons thereof. Perusal of the case diary reveals that the accusation made against the applicant is very serious in nature, and it prima facie shows a premeditated criminal act on his part. The applicant is none other than the friend of the father of the victim. The applicant is aged 31 years and the victim is aged 5 years. Specific overt act has been alleged against the applicant in the 164 statement given by the victim before the Magistrate.

The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Senior Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the investigation cannot be ruled out if he is released on bail. Considering the gravity of the offence and stage of the investigation, I am of the view that this is not a fit case where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked. The bail application is, accordingly, dismissed.

Sd/-