The court may grant bail in serious criminal matters when the victim and relevant witnesses deny the occurrence of the alleged incident, indicating the lack of necessity for continued detention.

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 accused in Crime No.185/2026 of Iritty Police Station, Kannur District. The offences alleged are punishable under Sections 64(2)(f), 64(2)(m), 65(2) and 75(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 5(m), 5(n) & 5(l) read with Section 6(1),(2) and Section 9(m), 9(n) & 9(l) read with Section 10 of the Protection of Children from Sexual Offences Act, 2012.

3. The prosecution case, in short, is that the applicant, who is the cousin brother of the victim minor girl aged 13 years, repeatedly subjected her to aggravated penetrative sexual assault in the bedroom of his house situated at Kolikkadavu in Payam amsom of Kannur district from April 2020 to June 2025 and thereby committed the aforesaid offences.

4. I have heard Sri.Dennise Jacob Savy, 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 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

04.03.2026. The investigation is almost over. Notice has been issued to the victim. The victim and her mother were present. I have interacted with them. The victim and her mother stated that no incident as alleged in the crime has taken place. It is stated that a false story was foisted before this Court. 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.