An accused is entitled to bail when there is insufficient evidence to link him to the alleged offenses.

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 No.4 in Crime No.1260/2025 of Chittur Police Station, Palakkad District. The offences alleged are punishable under Sections 64(2)(m) and 61 of the Bharatiya Nyaya Sanhitha, 2023 .

3. The prosecution case, in short, is that on 29.08.2025, all the accused conspired together and with the help of accused No.2, she took the prosecutrix in her car, saying that she was taken for business purposes, had taken her from Chirakkal to Thathamangalam and they took a room in the hotel named Vintage Palace at Pallimokku, Thathamangalam, in the name of accused No.3 and as a part of the criminal conspiracy, accused No.1 committed forceful sexual intercourse without her permission and the other accused helped accused No.1 for committing sexual intercourse, and thereby the applicant committed the aforementioned offences.

4. I have heard Smt.Stiya Sivan, the learned counsel for the applicant and Sri.M.C.Ashi, 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 formally arrested on 29.01.2026. A reading of the FIS would show that he did not commit any rape on the victim. The allegation against him is that he facilitated accused No.1 to commit rape on the victim. Even though the applicant has strong criminal antecedents, considering the nature of the allegation against him and the period of detention he has already undergone, 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 ofÏcer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating ofÏcer 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 NP PETITIONER ANNEXURES Annexure A-1 A TRUE COPY OF FIR NO 1460/2025 DATED

05.12.2025, OF KUNNAMKULAM POLICE STATION Annexure A-2 A TRUE COPY OF THE ORDER DATED 04.02.2026 OF THIS HON'BLE COURT IN BAIL APPLICATION NO 583/2026 IN CRIME NO 1259 OF 2025 OF CHITTUR POLICE STATION Annexure A-3 ORDER DATED 09/02/2026 OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT 1, CHITTUR IN CRL. M.P NO 5 OF 2026 IN CRIME NO.1260/2025 OF CHITTUR P