Pre-arrest bail is granted when no substantial evidence ties the applicant to the allegations, ensuring procedural safeguards.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicant is the accused in Crime No.599/2025 of Kambalakkad Police Station, Wayanad District. The offences alleged are punishable under Sections 7 and 8 of the Protection of Children from Sexual Offences Act , 2012 read with Section 75 (1)(i) of the Bharatiya Nyaya Sanhita , 2023.

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

06.10.2025 at 06:30 p.m., while the victim, aged 17 years, was travelling in a bus, the applicant who was also travelling in the very same bus, touched on her buttocks with sexual intent and thereby committed the offences.

4. I have heard Smt. Celine Joseph, 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 alleged incident took place on

06.10.2025. The complaint was given and FIR was registered on 08.10.2025. I went through the FIS. The applicant as well as the victim were travelling in a bus. According to the victim, she felt that somebody touched with a bag on her back and when she looked, she found the applicant touching on her buttocks with his fingers. There is no other allegation at all in the FIS. The possibility of accidental touching of the fingers of the applicant on the buttocks of the victim while both of them were travelling in a standing position in a bus cannot be completely ruled out. In the FIS, it is also stated that the victim came to know that the applicant has done similar act on another passenger in the bus namely Smt. Riya Fathima. The learned Senior Public Prosecutor made available to me the statement of Smt. Riya Fathima, wherein she has stated that the applicant or any other passenger did not do any such act on her. The applicant has no criminal antecedents. 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 appear before the investigating officer on 04.03.2026 at 10:00 a.m. for the purpose of interrogation and also to undergo medical examination or potency test, if any.

(vii) The applicant shall not leave the Sta