Bail granted upon conditions despite serious allegations due to substantial progress in investigation.

O R D E R

This application seeking regular bail has been filed by the sole accused in Crime Crime No. 88/2026 of Kothamangalam Police Station, Ernakulam District registered alleging the commission of offences punishable under Sections 137 (2), 75(1)(i) of the Bharatiya Nyaya Sanhita , 2023 and Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act , 2012.

2. The prosecution allegation is that on 16.01.2026, at around 08:15 a.m, the accused kidnapped a minor girl aged 15 years from Kothamangalam Private bus stand and brought her to Bhoothathankettu Bhagam in a Scooter and on the way, he committed sexual assault by hugging and kissing her. Hence, the accused is alleged to have committed the offences as mentioned above.

3. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations levelled against him. According to the learned counsel, the petitioner and the victim girl are neighbours and relatives. The learned counsel further submitted that the petitioner got married recently and thereafter onwards, the victim's family has taken a hostile attitude towards the petitioner for reasons only known to them. Moreover, it is submitted that the present case happened to be registered due to some misconception of facts and some misunderstandings.

5. Per contra, the learned Senior Public Prosecutor opposed the bail application by highlighting the serious nature of the offences alleged against the petitioner. The learned Senior Public Prosecutor also pointed out that the petitioner is a person having criminal antecedents.

6. The allegation that the petitioner molested a minor girl aged 15 years cannot be viewed lightly. A perusal of the available records reveals that the accusation against the petitioner is prima facie well founded. Any how, the petitioner was arrested in this case on 17.01.2025 and since then he has been in the judicial custody. From the submission made by the learned Senior Public Prosecutor, it is discernible that the potency test of the accused has already been conducted and the statement of the victim has been recorded under Section 183 of the BNSS, 2023.

6. Virtually, the investigation in this case has crossed its major and crucial part and is on the verge of completion. As the investigation has progressed substantially, further judicial incarceration of the petitioner is unwarranted. I am not unmindful of the fact that the petitioner is a person having criminal antecedents. However, from the submission made by the learned counsel for the petitioner, it is discernible that almost all the cases were registered in connection with the strikes conducted by the political parties in which the petitioner is also a worker. Moreover, if at all the prosecution has any concern regarding the criminal antecedents of the petitioner, it is open to the authorities to initiate proceedings under preventive detention laws to curb the criminal activities of the petitioner. Hence, having regard to the days of detention already undergone by the petitioner and the stage of the investigation, I am inclined to allow the bail application with the following conditions:

1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2. The petitioner shall appear before the Investigating Officer on every alternate Friday between 10.00 a.m and 12 noon, for a period of three months or till the completion of the investigation, whichever event occurs first.

3. The petitioner shall appear before the investigat