Kerala High Court
Radhakrishnan M.K vs State Of Kerala on 25 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:55110
BAIL APPL. NO. 8562 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
BAIL APPL. NO. 8562 OF 2025
CRIME NO.461/2025 OF MEDICAL COLLEGE POLICE STATION,
Thrissur
AGAINST THE ORDER/JUDGMENT DATED 03.07.2025 IN Bail
Appl. NO.8114 OF 2025 OF HIGH COURT OF KERALA
PETITIONER(S)/SOLE ACCUSED:
RADHAKRISHNAN M.K
AGED 52 YEARS
S/O KUNJAN, MAMBRA HOUSE, VANDIPPARAMBU DESOM,
MULLURKKARA VILLAGE, THRISSUR., PIN - 680583
BY ADVS.
SHRI.SARATH BABU KOTTAKKAL
SMT.ARCHANA VIJAYAN
SHRI.SEBASTIN
RESPONDENT(S)/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
SRI. NOUSHAD K. A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:55110
BAIL APPL. NO. 8562 OF 2025
2
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8562 of 2025
...................................................
Dated this the 25th day of July, 2025
ORDER
This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.461 of 2025 of Medical College Police Station, Thrissur, registered for the offences punishable under Sections 376(2)(N), 354A(1)(i), 354D & 506 of the Bharatiya Nyaya Sanhita, 2023.
3. According to the prosecution, during the period from 2023 to 08.06.2025, the accused, who was employed as an attender at a hospital, sexually exploited and raped the defacto complainant, who was his colleague, by taking her to various locations including theIR workplace 2025:KER:55110 BAIL APPL. NO. 8562 OF 2025 3 (a hospital), PWD guest houses, and other places and thereby committed the offences alleged. Petitioner was arrested on 09.06.2025 and has been in custody since then.
4. Heard the learned Counsel for the petitioner as well as the learned Public Prosecutor.
5. The learned counsel for the petitioner contended that the prosecution allegations are false and that petitioner has been in custody since 09.06.2025 and he ought to be released on bail.
6. The learned Public Prosecutor opposed the bail application and submitted that petitioner ought not to be released on bail.
7. On a perusal of the statement of the victim, it is noticed that the defacto complainant, a married lady, apparently entered into a relationship with the accused while they were both working in the Medical College Hospital. Subsequently, on his compulsion, the defacto complainant went with him on his scooter to guest house at 2025:KER:55110 BAIL APPL. NO. 8562 OF 2025 4 Kunnamkulam and Thrissur where they engaged in a physical relationship. Due to fear that he may divulge it to her husband, the defacto complainant continued to indulge in physical relationship with the petitioner at various places. Finally fearing the threats of the accused, the defacto complainant attempted to commit suicide and when the police came to investigate the matter, due to embarrassment, she failed to divulge the rape committed by the accused. The aforesaid statement of the victim indicates that she is a married lady and have been maintaining a relationship with the petitioner for some time. In fact, in the order of the Sessions Court, it is noticed that the defacto complainant had entered appearance and even submitted through her counsel that she has no complaint against the accused.
8. The above circumstances, prima facie indicate that a consensual relationship is being attempted to be converted into a case of rape. In a recent decision 2025:KER:55110 BAIL APPL. NO. 8562 OF 2025 5 Prashant v. State of NCT Delhi [AIR 2025 SC 33],the Supreme Court had observed that even though complainant therein alleged forceful sexual relationship with her, neither did she stop meeting the accused nor did she file a complaint during the said period.Further, in the decision in Sameer Ibrahim v. State of Kerala and another [2025 (4) KHC 485], it was observed that merely because a consensual relationship turned sour at a later point of time it cannot be a reason to allege rape.
8. In the above perspective, the circumstances prima facie indicate that the petitioner was maintaining a consensual relationship with the defacto complainant. However, it is a matter for the Investigating Officer to conclude. Bearing in mind the above circumstances and also the period of custody already undergone by the petitioner, I am of the view that further custody is not necessary. Therefore, petitioner ought to be released on bail. The observations made in this order is only for the purpose of 2025:KER:55110 BAIL APPL. NO. 8562 OF 2025 6 disposing the bail application and these shall have no bearing during any other stage.
In the result, this bail application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, 2025:KER:55110 BAIL APPL. NO. 8562 OF 2025 7 the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE nak 2025:KER:55110 BAIL APPL. NO. 8562 OF 2025 8 APPENDIX OF BAIL APPL. 8562/2025 PETITIONER ANNEXURES Annexure A1 TRUE PHOTOCOPY OF THE ORDER DATED 12.06.2025 IN C.M.P 1892/2025 OF THE JUDICIAL FIRST-CLASS MAGISTRATE'S COURT, WADAKKANCHERY Annexure A2 TRUE COPY ORDER DATED 03-07-2025 IN BAIL APPL.8114/2025 ON HIGH COURT