Advocates:
For the Appellants/Petitioners: Shri Muhammed Zain Shabeer, P.P. Shri Shibu Babu
For the Respondents: Sri Prasanth M.P.

Case Summary: Bail Application No. 9593 of 2025 (Mahesh V.M. v. State of Kerala)

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. (!)