Bail conditions must ensure investigation integrity while considering the accused's rights against unsubstantiated allegations.

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 accused in Crime No.1113/2025 of Santhanpara Police Station, Idukki District. The offences alleged are punishable under Sections 64 (2)(m) and 69 of the Bharatiya Nyaya Sanhita , 2023 and Section 66E of the Information Technology Act .

3. The prosecution case, in short, is that applicant with the intention and premeditation to sexually assault the de facto complainant, developed intimacy with her through mobile phone conversations, promised to marry her, and acting on that promise, on 28/02/2025, called her to a home stay at Santhanpara Village where at about 4 am, he allegedly forced her and committed sexual intercourse; thereafter, on 18/03/2025, 18/04/2025, 20/06/2025, 28/07/2025, 08/08/2025 and 26/10/2025, he subjected her to repeated penetrative sexual assault at the same home stay during the early morning hours, taking nude photographs of her on his mobile phone; and subsequently, on 18/11/2025, after midnight, he again committed penetrative sexual assault at Venkateswara Hotel, Tirunelveli, Tamil Nadu, later withdrew from the promise of marriage and thereby committed the aforesaid offences.

4. I have heard Sri. Biju C Abraham, 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 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 perusal of the FIS would show that the applicant and the victim fell in love and they had sexual intercourse several times at a home stay where the victim resided. According to the victim, she consented for sex, since the applicant promised to marry her. The FIR in this case was registered on 16.12.2025. However, Annexure 1 would show that on 24.10.2025, the applicant had filed a complaint before the Udumbanchola Police against the victim alleging that, she has been harassing him demanding money. Thereafter, a similar complaint was given by the father of the applicant on 19.11.2025, as evident from Annexure 2. The present complaint which led to the registration of the crime was filed by the victim after Annexures 1 and 2 complaints. For these reasons, I am of the view that this is a fit case where pre-arrest bail can be granted to the applicant. However, there is a specific allegation that the applicant photographed and recorded the nude body of the victim in his mobile phone. It is submitted by the learned Senior Public Prosecutor that, the seizure of the said phone is absolutely necessary for the proper investigation of the case. Hence, among other conditions, the applicant should be directed to surrender the mobile phone before the Investigating Officer.

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 t