Bail granted in POCSO case after substantial custody and investigation completion, despite prima facie serious offence.

JOBIN SEBASTIAN, J. -------------------------------- B.A. No.2297 of 2026 ----------------------------------------------

Dated this the 28^th day of April, 2026 ORDER This application seeking regular bail has been filed by the sole accused in Crime No.262/2026 of Ottapalam Police Station registered alleging commission of offences punishable under Sections 75(1)(i) & 75(1)(ii) of Bharatiya Nyaya Sanhita (BNS), Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, and Sections 9l, 9n, 10, 11(vi) & 12 of the POCSO Act, 2012.

2. The case of the prosecution is that the petitioner, who is the step-grandfather of the 16 year old survivor, since 2025 committed aggravated sexual assault on the minor girl at the survivor’s residence in Chakkalakkund by touching on her body, made her to sit on his lap, talked in sexual flavour with her and asks for kisses with the sexual intention. Thus the accused is alleged to have committed the above said offences.

3. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations leveled against him and he was arrayed as an accused in this case on the basis of some misunderstanding. According to the learned counsel, there is significant delay in reporting the matter to the Police and that delay itself shows that this case is the result of some deliberations, consultations and exaggerations. The learned counsel further pointed out that, the petitioner was arrested in this case on 24.03.2026 and since then he has been under judicial custody. According to the learned counsel, the investigation in this case is practically completed and further judicial incarceration of the petitioner will not serve any useful purpose. On these premises, it was urged that the petitioner is entitled to be released on bail.

5. Per contra, the learned Public Prosecutor opposed the bail application by highlighting the serious nature of the offences attributed to the petitioner.

6. On a perusal of the available records, it is discernible that the accusation against the petitioner is prima facie well- founded. The allegation that the petitioner subjected his own grand daughter to sexual assault regardless of the nature of the moral obligation and responsibilities of him towards her cannot be view lightly. Any how, as rightly pointed out by the learned counsel for the petitioner, the petitioner has been under custody for the last 36 days. The statement of the victim is already recorded by the learned Judicial Magistrate and the witnesses who are acquainted with the facts and circumstances of the case were interrogated and their statements have been recorded. Virtually, the investigation of this case is practically completed. As the investigation has crossed its major and crucial part, further judicial incarceration of the petitioner is unwarranted at this stage.

7. Hence, having regard to the days of detention already undergone by the petitioner and the stage of investigation, I am inclined to grant bail to the petitioner on following conditions:

(i) Petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall appear before the Investigating Officer on every Monday between 10.00 a.m. and 11.00 a.m. for a period of three months or until the final report is filed, whichever occurs first.

(iii)The petitioner shall not enter the premise of the house where the defacto complainant/victim is residing and shall not contact her ei