The court granted bail considering the applicant's detention period and the completion of investigation despite the seriousness of the charges.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the sole accused in Crime No.1352/2025 of Koothattukulam Police Station, Ernakulam District. The offences alleged are punishable under Sections 64 (2)(f), 64(2)(m) and 65 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 , 3(a), 6, 5(l), 5(m), 5(n), 8, 7, 10, 9(l), 9(m) and 9(n) of the Protection of Children from Sexual Offences Act (Amended), 2012, 2019.

3. The prosecution case, in short, is that the applicant who is the relative of the minor victim, sexually assaulted her several times right from 2019 till January, 2025 and thereby committed the offences.

4. I have heard Sri.Abraham Thomas (Puthuran), 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 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. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 15.11.2025. The investigation is almost over and the final report has been filed. It is submitted that the victim is presently residing with her father within the jurisdictional limit of Kaduthuruthy Police Station, Kottayam. Even though the alleged sexual assault started from 2019, the FIR was lodged only in the year 2025. It is true that the allegations are serious in nature. However, considering the fact that the final report has already been filed and the period of detention already undergone by the applicant, I am of the view that further detention of the applicant is not necessary. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicant shall not commit any offence of a like nature while on bail.

(iii) The applicant shall not enter into the jurisdictional limits of Kaduthuruthy Police Station, Kottayam, where the victim resides.

(iv) 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.

(v) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vi) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.