The court may grant bail in serious criminal matters involving minors when investigation is complete, the accused has served a significant period in custody, and there is a substantial delay between the alleged incident and the registration of the crime.

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 accused in S.C. No.458/2026 pending on the files of the Additional District and Special Court (Atrocities & Sexual Violence Against Women & Children), Thiruvananthapuram in Crime No.1468/2025 of Kattakada Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 4(2) r/w 3(a), 6 r/w 5(m)(p), 8 r/w 7, 10 r/w 9(m)(p), 12 r/w 11(i)(ii)(iv) of the Protection of Children from Sexual Offences Act, 2012 (for short, the PoCSO Act) and Sections 354 A(1)(i)(iii) and 376 AB of the Indian Penal Code, 1860.

3. The prosecution case, in short, is that while the victim was studying in 5^th standard, the victim went to the applicant’s house, he took the victim to his room and showed her obscene videos from his mobile. Thereafter, the applicant insisted her to insert his penis into her mouth, groped her breast and her private parts through her dress. It is further alleged that while she was studying in 6^th standard, the applicant administered beer to his wife and the victim and while they were sleeping in the same room, the applicant with sexual intent groped her breast, kissed her, thereafter indulged sexual intercourse with her and thereby committed the offences.

4. I have heard Sri.K.K.Subeesh Hrishikesh, the learned counsel for the applicant and Smt. Sreeja V., the learned Senior Public Prosecutor. Though notice has been served to the victim, there is no appearance. 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

29.11.2025. The applicant is aged 26 years and the victim is aged 13 years. The applicant is the brother in law of the victim.

There is considerable delay of more than 4½ years in registering the crime. The investigation is over and the final report has been filed. It is true that the allegation is serious in nature. However, considering the undue delay and the fact that the applicant is in custody for more than three months, 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 enter the jurisdictional limits of the police station in which the victim resides until the disposal of the case.

(iii) The applicant shall not commit any offence of a like nature while on bail.

(iv) 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. (v) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vi) 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.