1. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.

2. The applicant is the accused in Crime No.698/2025 of Nallalam Police Station, Kozhikode District. The offences alleged are punishable under Sections 64(2)(f), 64(2)(m) and 65(1) of BNS and Sections 5(l) and 5(n) r/w 6(1) of the PoCSO Act.

3. The prosecution case, in short, is that on a night in May 2024, and also on many occasions, the applicant, who is the brother of the victim, subjected her to penetrative sexual assault by inserting his finger into her private parts while she was sleeping at her home.

4. I have heard Sri. Muhammed Shafi, the learned counsel for the applicant, Smt. Sreeja V., the learned Senior Public Prosecutor, and Smt.A.Parvathi Menon, Project Co-ordinator, Victim Rights Centre, KeLSA. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the crime. The learned counsel further submitted that the allegations against the applicant were levelled by the 2nd respondent/victim out of vengeance for questioning her for chatting with strangers through Instagram and taking back her mobile phone given by him. It is further submitted that now the victim has realised the real aspects and she does not intend to proceed with the matter any further; hence, the applicant is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the offence alleged is serious in nature and if the applicant is released on bail at this stage, it will affect the course of the investigation.

6. Considering the nature of the allegations, the close relationship between the victim and the applicant, and the affidavit sworn in by the mother of the victim, this court granted an interim order that the applicant shall not be arrested. This court also suo motu impleaded the Victim Rights Centre, High Court of Kerala, as the additional 3rd respondent. As directed by this Court, Adv.A.Parvathi Menon, representing the Victim Rights Centre, had detailed interaction with the applicant, the victim, their mother, as well as the school authorities of R.K.Mission School, Kannanchery, Kozhikode, where the victim is now studying and filed two reports. The Psychologist at the Family Counselling Centre, High Court of Kerala, also had counselling sessions with the victim and filed a report.

7. In the affidavit sworn in by the mother of the victim, it is stated that there was no sexual assault as alleged and the complaint regarding sexual assault was raised by the victim owing to some difference of opinion between her and the applicant. In the reports filed by Adv.A.Parvathi Menon, it is reported that during her interaction with the victim, the victim endorsed the contents of the affidavit filed by her mother and stated that she complained about the alleged sexual assault to her class teacher in a moment of anger towards her brother, without knowing the consequences of making such allegations. The Psychologist at the Family Counselling Centre also stated in her report that during counselling, the victim stated that the allegation of sexual assault made by her against her brother was not true, and she expressed regret for making such a false allegation. However, in the additional report filed by Adv.A.Parvathi Menon after interacting with the school authorities, it is reported that the victim had submitted a written complaint about the alleged abuse to the Deputy Headmistress, who, in turn, handed over the same to the teacher heading the Jagratha Committee. It is further reported that the teacher who headed the Jagratha Committee, when she spoke with the victim, was told that the victim had been subjected to abuse on a previous occasion as well by the applicant. The teacher had also met the victim's mother, who told her that the victim had, on an earlier occasion, also complained of the sexual abuse by the applicant. Relying on these materials, Adv.A. Parvathi Menon submitted that the victim should not be allowed to reside at the house where the applicant and her mother reside. At present, the victim is residing with her maternal grandmother, and it is reported that she is very comfortable with her present stay. Adv.A.Parvathi Menon, as well as the Psychologist, suggested in their reports that both the applicant and the victim require counselling.

8. Considering the entire facts and circumstances mentioned above, I am of the view that the custodial interrogation of the applicant is not necessary and he can be granted pre-arrest bail.

9. In the result, the application is allowed on the following conditions:-

                  (i) The applicant shall be released on bail in the event of his arrest on executing a bond for ₹1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

                  (ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

                  (iii) The applicant shall not commit any offence of a like nature while on bail.

                  (iv) The applicant shall not attempt to contact the victim or 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.

                  (v) The victim shall continue to reside with her maternal grandmother until further orders.

                  (vi) The victim shall not visit/stay at the house of her mother until further orders.

                  (vii) The District Child Protection Officer, Kozhikode in association with the Jagratha Committee of R.K.Mission School, Kannanchery, Kozhikode, shall make arrangements to provide counselling to the victim.

                  (viii) The Secretary, DLSA, Kozhikode, shall make arrangements to provide counselling to the applicant.

                  (ix) The reports filed by the Project Co-ordinator, Victim Rights Centre and the Psychologist, Family Counselling Centre, High Court of Kerala shall be kept confidential in a sealed cover. The copies of the same shall not be given to the parties.

                  (x) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

                  The Registry shall forward a copy of this order to the District Child Protection Officer, Kozhikode, Secretary, DLSA, Kozhikode, as well as to the Head Mistress of R.K.Mission School, Kannancherry, Kozhikode.