Bail is granted when continued judicial custody is deemed unnecessary for investigation purposes, particularly where the accused has no criminal antecedents, the investigation is significantly advanced, and the allegations involve a long-standing relationship with elements of consent.

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.495/2026 of Ollur Police Station, Thrissur District. The offences alleged are punishable under Sections 69 and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 read with Section 5(l) and Section 12 read with Section 11(iv) of the Protection of Children from Sexual Offences Act, 2012.

3. The prosecution case, in short, is that the applicant had raped the survivor from 28.10.2018, when she was only 16 years old, to February 2026 at his house in Aryanad and at various places, then promised to marry her, later cheated her by not refunding Rs.4,30,000/- and thereby committed the aforesaid offences.

4. I have heard Sri.A.Rajasimhan, the learned counsel for the applicant and Sri.K.A.Noushad, 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

29.04.2026. At present, the applicant is aged 30 years and the victim is aged 24 years. A reading of the FIS would show that they were in a relationship since 2018 and had voluntary consensual sexual intercourse several times. There was consensual sex during the minority of the victim and even after the victim attained majority. According to the victim, she consented to sex since the applicant promised that he would marry her. However, she admits that she knew that the applicant was a married person. The investigation is almost over. The applicant has no criminal antecedents. 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.