Pre-arrest bail is granted where the complainant retracts allegations of sexual offences, considering the applicant's innocence.

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.17/2026 of Kumily Police Station, Idukki District. The offences alleged are punishable under Section 376 (1) of the Indian Penal Code , 1860 and Section 69 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the applicant, with the intention and knowledge of subjecting the defacto complainant to sexual intercourse on the false promise of marriage, on 01.01.2024 at about 04:00 p.m., brought the defacto complainant to a house situated near the beach in Ernakulam District by assuring her of marriage and subjected her to sexual intercourse. It is further alleged that on another day after 04.04.2025, the applicant again subjected the defacto complainant to sexual intercourse at a lodge in Ernakulam on the promise of marriage, thereby causing injury to her dignity and mental agony and thereby committed the aforesaid offences.

4. I have heard Sri. Sachin Ramesh, the learned counsel for the applicant and Smt. Sreeja V., 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. The defacto complainant is present before me. I have interacted with her. She stated that she was in a relationship with the applicant and they had consensual sex further times. She states that now she has no grievance against the applicant. 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, if any, for deletion/modification of 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 JUDGE

Jms