The court established conditions under which bail may be granted despite serious allegations, emphasizing the importance of evidence and the rights of the accused.

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.1171/2025 of Peechi Police Station, Thrissur District. The offences alleged are punishable under Section 3 (a) r/w Section 4 (2), Section 5 (l) r/w Section 6 (1), Section 11 (ii) r/w Section 12 of the Protection of Children from Sexual Offences Act , 2012, Sections 376 (2)(n) and 376(3) of the Indian Penal Code and Section 6 7B of the Information Technology Act .

3. The prosecution case, in short, is that the applicant, in the year 2023 forced the victim to send her two naked videos into his phone and in between the period from 01.04.2023 to 30.04.2023, he went to the house of the victim, had intercourse with her and thereby committed the offences.

4. I have heard Sri.Sarath Babu Kottakkal, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Though notice has been served to the victim, there is no appearance. 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 07.01.2026. The investigation is almost over. A reading of the FIS would show that the applicant and the victim were neighbours and were in love. Admittedly, the alleged two incidents of sexual intercourse were consensual in nature though the victim was a minor at that time. The incidents took place at midnight in the house of the victim. There is a delay of two years in lodging the FIR and the delay has not been explained. The applicant is aged 31 years. He has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. 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.