The Kerala High Court has granted regular bail to a 36-year-old man accused of sexual assault under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act. The court observed that the First Information Statement (FIS) indicated a consensual relationship between the accused and the minor victim.
The Single Bench of Justice Kauser Edappagath delivered the order on February 20, 2026, while considering a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Background of the Case
The petitioner, Abdul Maliq, was the accused in Crime No. 1163/2025 of Nilambur Police Station, Malappuram District. The prosecution alleged that on July 21, 2025, and during the first Friday of August 2025, the applicant trespassed into the property of the de facto complainant, who is a minor, and kissed her face and private parts.
It was further alleged that on November 25, 2025, the applicant committed penetrative sexual assault against the will of the complainant in his vehicle (Registration No. KL-10-E-5416) at the Nilambur bypass and also committed sexual assault in his shop. Consequently, the applicant was charged under Sections 332(c), 64(1), 64(2)(m), and 65(1) of the Bharatiya Nyaya Sanhita, 2023, along with Sections 3(a), 4(2), 5(1), 6, 7, 8, 9(1), and 10 of the POCSO Act. The applicant had been in judicial custody since December 31, 2025.
Arguments of the Parties
Counsel for the applicant, Sri. M. Devesh, argued that the applicant was innocent and had been falsely implicated in the case. He further contended that there were no materials on record to connect the applicant with the alleged crime and therefore sought his release on bail.
On the other hand, the learned Senior Public Prosecutor, Sri. M.C. Ashi, opposed the application, submitting that the alleged incident occurred as a part of the “intentional criminal acts” of the applicant. He argued that the applicant was not entitled to bail at this stage. Although notice had been served to the victim, no one appeared on her behalf.
Court’s Analysis and Decision
Upon perusing the case diary and the First Information Statement (FIS), the court noted that the investigation was almost complete. Regarding the nature of the allegations, the Court observed:
“A reading of the FIS would show that the applicant and the victim fell in love, the victim invited the applicant to her house and they had committed sexual intercourse several times.”
The Court concluded that there was no reason to hold that the continued detention of the applicant was required for any purpose.
The High Court allowed the bail application subject to the following conditions:
- Bond: The applicant shall be released on executing a bond for ₹1,00,000 with two solvent sureties for the like sum.
- Cooperation: The applicant must fully cooperate with the investigation.
- Reporting: He must appear before the Investigating Officer every Saturday between 10:00 a.m. and 11:00 a.m. until further orders.
- Conduct: The applicant shall not commit any offence of a like nature while on bail.
- No Tampering: He shall not attempt to contact prosecution witnesses or tamper with evidence.
- Travel Restrictions: The applicant shall not leave the State of Kerala without permission from the trial court.
- Case Title: Abdul Maliq vs. State of Kerala
- Case Number: Bail Appl. No. 554 of 2026
