Pre-arrest bail may be granted when the allegations lack clear evidence of sexual intent and the accused has no criminal antecedents.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-

arrest bail.

2. The applicant is the sole accused in Crime No.135/2026 of Mararikulam Police Station, Alappuzha District. The offences alleged are punishable under Sections 8 r/w 7 and 10 r/w 9(f)(l) of the Protection of Children from Sexual Offences Act, 2012 (for short, the PoCSO Act).

3. The prosecution case, in short, is that the applicant, who is the biology teacher of the victim boy, aged 14 years, on several occasions from July 2025 while the boy was attending his class in the B division of class VIII, grabbed on the chest and stomach of the boy by inserting his hands inside the victim’s shirt with sexual intent. The same was repeated on 17- 03-2026 while the victim was attending his annual examinations, causing agony and discomfort to the victim and thereby committed the offences.

4. I have heard Sri.P.Vijaya Bhanu, the learned Senior 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The applicant is the teacher of the victim who is aged

14 years. The allegation is that, on several occasions, during the class hours, the applicant grabbed on the chest and stomach of the victim by inserting his hands through the shirt. It is pertinent to note that the alleged incidents took place during the class hours and also on another occasion while the examination was going on. There is nothing in the FI statement to indicate that the said act was done by the applicant with any sexual intent or motive. The applicant has no criminal antecedents. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(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.