Kerala High Court
Binu Kumar A vs State Of Kerala on 20 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 9503 OF 2025
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2025:KER:62763
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 20TH DAY OF AUGUST 2025 / 29TH SRAVANA, 1947
BAIL APPL. NO. 9503 OF 2025
CRIME NO.713/2025 OF PARASSALA POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT DATED 14.07.2025 IN Bail Appl.
NO.8233 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED :
BINU KUMAR A., AGED 49 YEARS
C/O.DIVYA, KUTTIVELIVILA VEEDU,
KODAVILAKAM, PARASSALA,
THIRUVANANTHAPURAM, PIN - 695 502.
BY ADVS. SRI.SUMAN CHAKRAVARTHY
SMT.K.R.RIJA
SMT.BREJITHA UNNIKRISHNAN
SMT.SURYA R.
SHRI.SUDEESH K.E.
SHRI.PRAHLADH S.P.
RESPONDENT/STATE :
STATE OF KERALA
REPRESENTED BY, PIN - 682031
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.08.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 9503 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.9503 of 2025
...................................................
Dated this the 20th day of August, 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.713/2025 of Parassala Police
Station, Thiruvananthapuram; registered for the offences punishable
under Sections 354, 354A(1)(i), 354C, 376, 376(2)(n), 323 and 506 of the
Indian Penal Code, 1860 apart from Sections 74, 75, 75(1)(i), 75(1)(ii),
115(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 66E of the
Information Technology Act, 2000.
3. The prosecution case is that, the accused raped the victim on 08.12.2020
after promising to marry her and repeated the said act on various
occasions till December 2021 and again on 13.08.2022. He also took
videos of the victim changing her dress and thereby committed the
offences alleged. Petitioner was arrested on 02.08.2025 and he has been
in custody since then.
4. Sri.Suman Chakravarthy, the learned Counsel for the petitioner,
submitted that the prosecution allegations are false and that he has no
BAIL APPL. NO. 9503 OF 2025
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involvement in the alleged crime. It was also pointed out that the
petitioner has been in custody from 02.08.2025, and therefore, further
custody is not necessary.
5. Sri.Prasanth M.P., the learned Public Prosecutor opposed the bail
application and submitted that the allegations are serious and that
petitioner ought not to be released on bail.
6. Petitioner is aged 49 years while the victim is only 27 at the time of filing
the FIR. The statement of the victim indicates that she was allegedly
raped by the petitioner by promising to marry her in the year 2020, 2022
as well as in 2023. In the meantime, the victim married another person
in the year 2024. Till her marriage there was no allegation of any rape
against the petitioner. While the petitioner is alleged to have raped the
victim based on a false promise of marriage, her own statement
indicates that she was aware of petitioner's marital status as a married
man.
7. Considering the knowledge of the victim about the petitioner's subsisting
marriage, prima facie an offence of rape on the false pretext of marriage
may not be attracted. On a reading of the statement of the victim, it
prima facie indicates that there was a consensual relationship which is
being projected as an offence of rape. Reference to the decision in
Mahesh Damu Khare v. State of Maharashtra and Another [2024
SCC Online SC 3471], is relevant in this context.
8. Moreover, since the defacto complainant married in the year 2024
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without any earlier grievance of rape, I am of the view that further
custody of the petitioner is not necessary.
9. In the result, this 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 for modification or
deletion of any of the conditions, the jurisdictional Court shall be
empowered to consider such applications, if any, and pass appropriate
orders in accordance with the law, notwithstanding the bail having been
granted by this Court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/20/08/2025
BAIL APPL. NO. 9503 OF 2025
2025:KER:62763
APPENDIX OF BAIL APPL. 9503/2025
PETITIONER ANNEXURES
ANNEXURE -1 A TRUE COPY OF FIR AND FIS IN CRIME NO.
713/2025 OF PARASSALA POLICE STATION,
THIRUVANANTHAPURAM.
ANNEXURE -2 A TRUE COPY OF THE COMPLAINT DATED 07.02.2025
FILED BY THE DEFACTO COMPLAINANT BEFORE THE
SHO, MANNANTHALA POLICE STATION ALONG WITH
THE RELEVANT PAGE OF THE SETTLEMENT REGISTER.
ANNEXURE -3 A TRUE COPY OF THE FIR IN CRIME NO.531/2025
OF MANNANTHALA POLICE STATION.
ANNEXURE -4 A TRUE COPY OF THE BANK STATEMENT OF THE
PETITIONER'S WIFE.
ANNEXURE -5 A TRUE COPY OF THE ORDER DATED 14.07.2025 IN
BA NO.8233/2025 BY THIS HON'BLE COURT
ANNEXURE -6 A TRUE COPY OF THE REMAND APPLICATION IN
CRIME NO.713/2025 OF PARASSALA POLICE STATION
