The court found the custodial interrogation unnecessary and granted pre-arrest bail based on the nature of the relationship and lack of evidence.

O R D E R

This application is filed underSection 482of theBharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre- arrest bail.

2. The applicant is the sole accused in Crime No.943/2025 of Guruvayur Temple Police Station, Thrissur District. The offence alleged is punishable under Section 64 (2) of the Bharatiya Nyaya Sanhita 2023.

3. The prosecution case, in short, is that the applicant subjected his relative, the defacto complainant, to forcible sexual intercourse at 11.30 p.m. on 14.09.2025 in a lodge at Guruvayur after extending a false promise to marry and promising her that he will retract from the marriage fixed for him and thereby committed the aforementioned offence.

4. I have heard Sri.C.G.Raj Kumar, the learned counsel for the applicant and Sri.K.A.Noushad, 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 applicant and the victim are relatives. Annexure A3 is a complaint given by the victim before the Muhamma Police Station against the applicant. A reading of Annexure A3 and FIS of the victim would show that right from the year 2015, the parties were in a relationship. The marriage of the victim took place in the year 2017 and it was dissolved in the year 2018. It appears from the FIS that even before her marriage, the victim had consensual sexual intercourse with the applicant. It continued after she separated from her husband. An overall reading of the FIS would suggest that the relationship was consensual in nature. 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.

(viii) The applicant shall appear before the investigating officer on 19.02.2026 at 10.30 a.m. to undergo medical examination including potency test.

Sd/-