The court grants bail in POCSO-related matters when the investigation is substantially complete, detention is no longer deemed necessary, and strict conditions are set to ensure the accused does not interfere with the investigatory process.

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 Crime No. 275/2026 of Changaramkulam Police Station, Malappuram District. The offences alleged are punishable under Sections 137(1)(b), 127(2) and 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 read with 3(a) of the Protection of Children from Sexual Offences Act, 2012.

3. The prosecution case, in short, is that on 18.1.2024, the applicant took the victim girl aged 17 years and 5 months to a lodge at Guruvayoor, sexually assaulted her and thereby committed the offences.

4. I have heard Sri. Ahamed Fazil E.C., 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 10.3.2026. The applicant is aged 26 years and the victim is aged 17 years. A reading of the FIS would show that both the applicant and the victim went to Guruvayoor, stayed in a lodge and had consensual sexual intercourse. According to the victim, she consented for sex since the applicant promised to marry her. However, the fact remains that she being a minor, cannot legally marry the applicant. The investigation is almost over. 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.