The Court provided bail based on the lack of evidence connecting the accused to the crime, despite serious allegations.

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 accused No.3 in Crime No.395/2025 of Panamaram Police Station, Wayanad District. The offences alleged are punishable under Sections 376 (2)(n) and 376(3) of IPC , Section 9 of Immoral Traffic Prevention Act , Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Sections 3 (a) r/w 4(2), 6(1) r/w 5(j)(ii) and (l) and 16(3) r/w 17 of the Protection of Children from Sexual Offences Act, 2012 .

3. The prosecution case, in short, is that the accused No.1 has repeatedly committed rape/penetrative sexual assault on the survivor, a female child aged 14 years, with the knowledge and assistance of accused No. 2, who is the mother having actual control and charge over the survivor and duty bound to protect her, and the applicant (Accused No.3) between 01.06.2023 and also 31.03.2024, in the flat of the accused No.1 at Karimpumal in Panamaram amsom and also at the survivor's house, following which she became pregnant, later gave birth to a baby boy on a day in the month of November 2024 and thereby committed the offences.

4. I have heard Sri.Godwin Joseph, the learned counsel for the applicant and Smt.Sreeja V., 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, she 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 she is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

29.07.2025. Admittedly, it was the accused No.1 who committed rape on the survivor. The allegation against the applicant is that she was present in the flat when the alleged incident had taken place. It was also alleged that the applicant closed the door of the room when the accused No.1 committed rape on the survivor. The investigation is over and the final report has already been filed. 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 not commit any offence of a like nature while on bail.

(iii) 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. (iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(v) 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. Sd/-

DR. KAUSER EDAPPAGATH JUDGE