ORDER : 1. Leave granted. 2. This appeal challenges the order dated 14.01.2025 passed by the High Court of Kerala at Ernakulam in Bail Application No.5932 of 2024. 3. Apprehending arrest in connection with Crime No.475/2024 dated 08.06.2024 registered at Police Station - Kozhikode Kasaba, District - Kozhikode City for the offence punishable under Sections 376(2)(n) and 376AB of the Indian Penal Code, 1860 and Sections 5(l), 5(m), 5(n), and 5(p) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012, the appellant preferred an application before the High Court seeking anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS" for short). 4. Said application for anticipatory bail was rejected by the High Court vide the impugned order dated 14.01.2025. Hence, the instant appeal has been preferred. 5. By order dated 27.01.2025, this Court issued the following order: "Issue notice to the respondents, returnable on 28.02.2025. Petitioner's counsel is permitted to serve the standing counsel for first respondent-State. Till the next date of hearing, no coercive steps shall be taken as against the petitioner herein vis-a-vis FIR No.475/2024 dated 08.06.2024 registered at Kozhikode Kasaba Police Station, Kozhikode City provided the aforesaid interim order is subject to the petitioner cooperating with the investigation." 6. Heard learned senior counsel for the appellant and learned senior counsel for the first respondent-State and learned counsel and perused the material on record. 7. Learned senior counsel for the appellant submitted that the appellant is aged 55 years who has been married for over twenty years and has no issues. The allegations made against the appellant is by his sister-in-law's mother-in-law which are frivolous and vexatious. 8. The purport of the allegation is only to gain the custody of the minor child as the complainant has an ongoing dispute with her daughter-in-law, the mother of the minor child for seeking custody of the minor child. 9. He further submitted that the mother of the minor child had not supported the version of the child at all. However, subsequently she has supported the version of the minor child. This is because the mother of the minor child and her mother-in-law, the complainant herein have now got together and the dispute with regard to the residence of the mother of the minor child in her husband's house may have sorted out.
However, subsequently she has supported the version of the minor child. This is because the mother of the minor child and her mother-in-law, the complainant herein have now got together and the dispute with regard to the residence of the mother of the minor child in her husband's house may have sorted out. He contended that the allegations as against the appellant herein being false and vexatious ought to be quashed. However, the appellant herein who has supported the mother of the child as well as the child during their desperate days has now to face this complaint which is nothing but a harassment caused to him as it is a false case. 10. Learned senior counsel, therefore, submitted that impugned order may be set aside and the relief of anticipatory bail may be granted subject to the terms to be imposed by this Court. 11. Learned senior counsel appearing for first respondent-State supported the impugned order and contended that the appellant had absconded and therefore, the investigation is inconclusive; that this is a serious case where the child of only four years has made serious allegations as against the appellant herein, it requires custodial interrogation and therefore, there being no merit in this appeal, the same may be dismissed. 12. The second respondent-complainant (paternal grandmother of the child) also supported the stand of the State and contended that the High Court was justified in declining the grant of anticipatory bail and there is no merit in this appeal. 13. Learned counsel who has intervened on behalf of the mother of the child submitted that initially she did not support the version of the child but later has resiled from that stand and has now supported the version of the child. He, therefore, contended that having regard to the child's allegations as against the appellant herein being serious, the appeal may be simply dismissed. 14. We have noted the interim order dated 27.01.2025 and we had stated that interim protection shall be accorded to the appellant herein subject to the appellant cooperating with the investigation. 15. Learned senior counsel submitted that he has appeared before the concerned officer of the Police Station on 30.01.2025 and 07.02.2025 but he has not been interrogated on the said dates. He has also not been summoned thereafter. 16.
15. Learned senior counsel submitted that he has appeared before the concerned officer of the Police Station on 30.01.2025 and 07.02.2025 but he has not been interrogated on the said dates. He has also not been summoned thereafter. 16. Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 482 BNSS. 17. We, therefore, allow this appeal, set-aside the order passed by the High Court and make our earlier order dated 27.01.2025 absolute. We also direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security of the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties. 18. It is directed that the appellant shall extend complete cooperation in the ensuing investigation on being summoned by the concerned Investigating Officer in writing. The appellant shall not misuse his liberty and shall not in any way influence the witnesses or tamper with the material on record. 19. Any infraction of the conditions shall entail cancellation of anticipatory bail granted to the appellant. 20. With the aforesaid directions, the Criminal Appeal is allowed.