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2025 Supreme(Online)(Ker) 43369
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
VIPIN I. – Appellant
Versus
STATE OF KERALA – Respondent
Bail Application No. 8861 of 2025 | Crime No. 763/2025
For the Appellants/Petitioners: Shri.Sasthamangalam S. Ajithkumar (SR.), SRI.SATHEESH MOHANAN, SMT.MAHIMA, SHRI.SREEJITH S. NAIR
For the Respondents: Sri.Prasanth MP, P P
The court ruled that the nature of the allegations did not necessitate custodial interrogation, allowing pre-arrest bail with specific conditions.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Bail application - Pre-arrest bail sought by the accused in a case of alleged false promise of marriage and sexual relationship - The court considered the nature of the allegations and the necessity of custodial interrogation. (Paras 2-6)
(B) Bail - Factors for granting bail - The court emphasized the need for cooperation with the investigation and conditions to prevent tampering with evidence. (Paras 6)
Facts of the case:
The applicant is accused of making a false promise of marriage, leading to a sexual relationship with the complainant. The court noted the consensual nature of the relationship despite the allegations.
Findings of Court:
The court found that custodial interrogation was unnecessary and granted bail under specific conditions.
Issues: The main issue was whether the applicant's release on bail would affect the investigation.
Ratio Decidendi: The court ruled that the nature of the allegations did not warrant custodial interrogation, and the applicant could be granted bail with conditions to ensure cooperation with the investigation.
Result: The application is allowed with conditions.
| Table of Content |
|---|
| 1. false promise of marriage and its implications. (Para 2 , 3) |
| 2. arguments for and against bail. (Para 4 , 5) |
| 3. conditions for granting bail. (Para 6) |
O R D E R
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking pre-arrest bail.
2. The applicant is the sole accused in Crime No.763 of 2025 of Kumarakom Police Station, Kottayam. The offences alleged are punishable under Sections 351(2) and 64 of the Bharatiya Nyaya Sanhita , 2023 (for short, 'the BNS ').
3. The prosecution case, in short, is that the applicant made a false promise of marriage to the defacto complainant, induced her into a relationship, and allegedly subjected her to sexual relationship on multiple occasions. Thereafter, he withdrew from the promise.
4. I have heard Sri.Sasthamangalam S. Ajithkumar, the learned counsel for the applicant instructed by Sri.Sreejith S. Nair and Sri.Prasanth M.P, the learned 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 get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.
6. The victim is a divorcee and has a 12 year old child. The applicant is a married man with two children. A reading of the FIS would show that even after the victim knew about the fact that the applicant was married, they had consensual sexual intercourse. A reading of the FIS would further show that the applicant and the victim were in love and they had sexual intercourse several times at different places. Though it is alleged in the FIS that on a few occasions the alleged sexual intercourse was not consensual and on a few other occasions it was based on a promise given by the applicant, the overall reading of the FIS gives the impression that the sexual acts were consensual in nature. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.
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 Rs.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 appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) 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.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) 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.
Sd/-
