Court grants bail noting that further detention is unnecessary, requiring compliance with specified conditions.

ORDER

This is the second application 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.1637/2025 of Taliparamba Police Station, Kannur District. The offences alleged are punishable under Section 7 5 (1) of the Bharatiya Nyaya Sanhita , 2023 and Section 7 read with Section 8 and Section 9 (k) read with Section 10 of the Protection of Children from Sexual Offences Act , 2012.

3. The prosecution case, in short, is that on 22.12.2025 between 15:00 hours and 17:00 hours, the applicant, who is the security of the Taluk Hospital, Taliparamba, sexually assaulted the minor victim girl, who is intellectually disabled by catching hold of her breasts, also attempted to make her to catch hold of his penis after taking her to his room, when she went to the hospital for counselling with her mother and thereby committed the offences.

4. I have heard Sri.Salil Narayanan K.A., the learned counsel for the applicant and Smt. Sreeja V., 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

31.12.2025. The investigation is over and the final report is filed. Though allegation is serious in nature, considering the period of detention already underwent by the applicant and the fact that the final report is filed, I am of the view that further detention of the applicant is not necessary. 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

SKP JUDGE