Bail may be denied if allegations indicate serious sexual offences, especially involving minors.

O R D E R

This is the third bail application 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.557/2025 of Vakathanam Police Station, Kottayam District. The offences alleged are punishable under Sections 3 (6), 4, 7, 8, 11(v) and 12 of the Protection of Children from Sexual Offences Act , 2012 and Sections 63 (b), 64, 75(1), 78(1) and 123 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is as follows: The applicant had committed aggressive penetrative sexual assault on the minor victim and intoxicated her several times in between 26.08.2024 and 16.01.2025 by giving liquor to her. The applicant also provided a mobile phone to the victim. The applicant touched the breasts of the victim after intoxicating her by giving liquor on 16.01.2025 at 9.30 p.m. in a house that belonged to the relative of the victim and inserted his finger to the vagina of the victim and thereby committed the offences.

4. I have heard Sri.Binoy Vasudevan, the learned counsel for the applicant, Sri.Stephy K.Regi, the learned counsel for the defacto complainant 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 remanded to judicial custody on

18.08.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. This is a case where a 60 year old man sexually assaulted a minor victim aged 13 years after intoxicating her. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/-