THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS) seeking regular bail.

2. The applicant is the accused No.1 in Crime No.240/2026 of Kelakam Police Station, Kannur District. The offences alleged are punishable under Sections 354A(1)(i), 354B, 376(2)(n) and 506 read with Section 34 of the Indian Penal Code, 1860 and Sections 3(a), 4, 5(k), 5(l), 5(n), 6, 9(k), 9(l), 9(n) and 10 of the Protection of Children from Sexual Offences Act, 2012.

3. The prosecution case, in short, is that on a day in the last week of July, 2023, and on several subsequent occasions thereafter, the applicant, who was bound to protect the minor victim girl, sexually assaulted her at his residence situated at Palchuram by squeezing her breasts, touching her genital area, and attempting to have sexual intercourse with her. When the victim disclosed these acts to the accused No.2, she stated that the victim suffered from mental problems, and further aided the applicant in the commission of the offence. It is further alleged that the accused No.3, the father of the victim, having come to known of the sexual atrocities committed by the applicant from July, 2023 to May, 2024, subjected the victim to mental and physical torture by accusing her of lying. The applicant and the accused No.3 also threatened to kill the victim and thereby committed the aforesaid offences.

4. I have heard Sri. Adarsh Kurian, the learned counsel for the applicant and Smt. Aneeda Beegum, 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 09.05.2026. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. There is no change of circumstances. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.