Seriousness of sexual offenses against vulnerable individuals outweighs bail considerations.

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.1004/2025 of Kallambalam Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 64 (2)(m), 65(1), 75(1)(i), 332(b), 64(2)(k) and 79 of the Bharatiya Nyaya Sanhita , 2023 and Section 4 r/w Section 3 (a), Section 6 r/w Section 5 (1)(k), Section 8 r/w Section 7 , Section 10 r/w Section 9 (1)(k), Section 12 r/w Section 11 (1)(vi) of the PoCSO Act, 2012 and Section 92 of the Disabilities Act .

3. The prosecution case, in short, is that the applicant, who is a neighbour of the victim, used to frequently visit her house. On such occasions, when no one else was present, the applicant, with sexual intent, embraced and kissed the victim. It is further alleged that he forcibly made her sit on his lap, inserted his finger into her vagina, lifted her top, and groped her breasts. On another occasion, while the victim was taking a bath, the applicant trespassed into the bathroom, poured water over her head, and inappropriately touched her private parts. It is also alleged that the applicant used to expose his private part to the victim, attempted to induce her to embrace him and thereby committed the offences.

4. I have heard Smt.Keerthi Vijayan, the learned counsel for the applicant, Smt.Feba Mary Thomas, 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

02.08.2025. 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. The victim who was a mentally challenged minor was repeatedly subjected to sexual assault by the applicant, who is her relative. It is true that the investigation is over and the defacto complainant, who is the mother of the victim has entered appearance through counsel and submitted that she has no objection in granting bail to the applicant. However, considering the fact that the victim is a mentally challenged woman and the seriousness of the allegation against the applicant, I am not inclined to grant bail to the applicant at this stage. The bail application, accordingly, is dismissed.

Sd/-