Age and health can influence bail decisions even in serious accusations.

O R D E R

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 accused in Crime No.23/2026 of Ahdur Police Station, Kasaragod District. The offences alleged are punishable under Section 75 (1)(i) of the Bharatiya Nyaya Sanhita , 2023 and Section 9 (m) read with Section 10 of the Protection of Children from Sexual Offences Act , 2012.

3. The prosecution case, in short, is that on

14.01.2026 at 15:20 hours, the applicant committed sexual harassment on the minor victim girl aged 11 years, a 6th standard student of GVHSS, Karadukka, by holding her private parts, when she visited his house for urinating while returning from school and thereby committed the offences.

4. I have heard Sri.T.G.Rajendran, 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 is aged 70 years and is suffering from various diseases. The victim girl is aged 11 years. It is true that the allegations in the FI Statement prima-facie attract the offences. The applicant was remanded to judicial custody on 14.01.2026. However, considering the age of the applicant and his health condition, I am of the view that his further detention 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 fully co-operate with the investigation.

(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 the 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

APA