The court denied bail, reasoning that serious, premeditated sexual offences against a minor, supported by prima facie evidence in the case diary, preclude the relief of regular bail at the current stage of proceedings.

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 sole accused in Crime No.220/2026 of Cherpulassery Police Station, Palakkad District. The offences alleged are punishable under Section 137 of the Bharatiya Nyaya Sanhita, 2023, and Sections 5(l), 6, 9(l), 10, 11(iv) and 12 of the Protection of Children from Sexual Offences Act, 2012 (PoCSO Act).

3. The prosecution case, in short, is that from the second week of June 2025 till 10:00 PM on 06.03.2026, the applicant followed the victim, a 13 year old boy, with sexual intent, kidnapped him from lawful guardianship, took him to various places including a firewood shed, Ernakulam, Trikkadeeri, and Ottapalam, and subjected him to aggravated sexual assault.

Thus, the applicant has committed the above offences.

4. I have heard Sri.T.R. Krishnadas, 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 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 07.03.2026. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. A reading of the FI statement would show that the applicant, a 62-year-old man, sexually assaulted the minor victim boy repeatedly. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage.

The bail application, accordingly, is dismissed.