Regular bail may be granted under BNSS even in POCSO cases involving repeat offenders if the investigation is complete, the final report is filed, and continued detention is deemed unnecessary.

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.376/2026 of Ambalavayal Police Station, Wayanad District. The offences alleged are punishable under Sections 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012.

3. The prosecution case, in short, is that on 27.04.2026 at about 9.40 am while the victim, a minor boy aged 16 years was waiting at bus stop junction for going to Beenachi, the applicant came there in his motor cycle and offered a lift. Thus, while the victim was travelling as a pillion rider in his motorcycle, the applicant picked the hands of the victim and made him catch his genital organ. The applicant also caught the victim's genital organ and thereby committed the above offences.

4. I have heard Sri. Cibi Thomas, the learned counsel for the applicant and Sri. V. Vinay, 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 14.5.2026. The investigation is over and final report has been filed. The alleged incident took place on a running bike. It is true that the applicant has criminal antecedents and is involved in three other crimes of similar nature. However, considering the nature of the allegations, the fact that the final report has already been filed and the period of detention already undergone by the applicant, 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 not commit any offence of a like nature while on bail.

(iii) 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.

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

(v) 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.