The court affirms that serious allegations of repeated sexual assault against a minor justify denying bail to the accused under relevant penal statutes.

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.810/2025 of Tirurangadi Police Station, Malappuram District. The offences alleged are punishable under Sections 64 (2)(f), 65(2), 127(1), 351(3) of the Bharatiya Nyaya Sanhita , 2023, Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015 and Section 6 read with Section 5 (l), 5(m) and 5(n) of the Protection of Children from Sexual Offences (Amendment) Act , 2019.

3. The prosecution case, in short, is that the applicant, who is the father’s brother of the minor victim girl aged 11 years, on a day in February 2022 afternoon, wrongfully restrained her in the bedroom in the Tharavadu house XXX, repeatedly committed penetrative sexual acts by penetrating his penis into the anus of the victim, and thereafter, on several days in the same month, committed similar acts and threatened to kill her if she disclosed the incident to anybody and thereby committed the aforementioned offences.

4. I have heard Sri.Neeraj Krishna Kumar, the learned counsel for the applicant and Sri.K.A.Noushad, the learned Senior Public Prosecutor. Though notice has been served on 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

04.10.2025. 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 the applicant, the father’s brother of the minor victim girl, repeatedly sexually assaulted her. I went through the FIS. Specific overt act has been alleged against the applicant and the allegation is grievous in nature. 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/-