Evidence of a consensual relationship can impact bail decisions in sexual offence cases.

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 sole accused in Crime No.

201/2026 of Palluruthy Police Station, Ernakulam District. The offences alleged are punishable under Section 4 r/w Section 3 (a), Section 6 r/w Section 5 (l), Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act , 2019, Sections 351 (1) and 137(2) of the Bharatiya Nyaya Sanhita , 2023 (for short, ‘the BNS ) and Section 7 7 of the Juvenile Justice (Care and Protection of Children) Act , 2015.

3. The prosecution case, in short, is that the applicant committed penetrative sexual assault on the victim girl aged 16 years and thereby committed the offences. 4. I have heard Sri.V.S.Salim, 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 02.03.2026. It is a case of teen romance. The applicant is aged 19 years and the victim is aged 16 years. Reading of FIS would show that they were in love for the last 1½ years. The FIS would further show that the victim voluntarily went along with the applicant to his house and had sexual intercourse several times. The applicant has no criminal antecedents. The investigation is almost over. 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.