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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
Mahesh V.M – Appellant
Versus
State of Kerala – Respondent
The petitioner, a Sub Inspector of Police, sought anticipatory bail in Crime No. 915/2025 under Sections 64(2)(m) and 69 of the Bharatiya Nyaya Sanhita, alleging sexual assault of a married woman under false promise of marriage from August 2016 to July 2025. (!) (!) (!) (!) The victim, married with three children, lived with the petitioner despite her subsisting marriage, and he married another woman in January 2025 while continuing to cohabit with her. (!)
The court held that the victim's existing marriage negated prima facie allegations of sexual intercourse based on a false promise of marriage. (!) Petitioner's counsel argued false implication, while the Public Prosecutor opposed bail. (!) (!) Finding no demonstrated need for custodial interrogation and considering the allegations' nature, the court granted bail subject to conditions, including limited custody for interrogation on specified dates, execution of a bail bond if arrested post-interrogation, cooperation with investigation, non-intimidation of witnesses, no contact with victim/family, no similar offenses, and no leaving India without permission. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) Violation allows cancellation by the jurisdictional court. (!)
ORDER
This bail application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).
2. Petitioner is the accused in Crime No.915/2025 of Palakkad Town North Police Station, registered alleging offences punishable under Sections 64 (2)(m) and 69 of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’).
3. According to the prosecution, the accused had, from August 2016 till 24.07.2025, sexually assaulted the victim under the promise of marriage at various places and even lived with the victim, and thereby committed the offences alleged.
4. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that petitioner has been falsely arrayed as an accused and that he has no involvement in the alleged crime.
6. The learned Public Prosecutor opposed the bail application.
7. Petitioner is a Sub Inspector of Police, now serving in the Kerala Armed Police Battalion. The victim had married another person and is a mother of three children. In the year 2016, she is alleged to have been with the petitioner, and pursuant to a complaint by her husband, she was produced befo
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