Kerala High Court
Radhakrishnan vs State Of Kerala on 25 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:54868
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. 8786 OF 2025
CRIME NO.543/2025 OF KUMILY POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED 26.06.2025 IN CRMC NO.425
OF 2025 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL
APPELLATE AUTHORITY, THODUPUZHA.
PETITIONER:
RADHAKRISHNAN,
AGED 26 YEARS,
S/O. VEERASWMAY, NO. 64, SIVAVELAN NAGAR,
OUSSUDU, AYALU STREET, PANDIYAN NAGAR,
VILIANUR, PUDUCHERRY, PIN - 605 110.
BY ADVS.
SRI.BIJU .C. ABRAHAM
SHRI.THOMAS C.ABRAHAM
SHRI.BASIL MATHEW
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
SRI. NOUSHAD K. A. (PP)
Bail Appl. No.8786 of 2025
2025:KER:54868
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.8786 of 2025
2025:KER:54868
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BECHU KURIAN THOMAS, J.
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Bail Appl. No.8786 of 2025
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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.543 of 2025 of
Kumily Police Station, Idukki, registered for the offences punishable
under sections 450 and 376(2)(n) of the Indian Penal Code, 1860 (for
short 'IPC') and Sections 69, 332(c) and 115(2) of the Bharatiya Nyaya
Sanhita, 2023 (for short 'BNS').
3. According to the prosecution, the accused had, after
deceiving the de facto complainant with a false promise of marriage,
committed rape on her during the period from May 2023 to November
2024, on several days, and also assaulted her and thereby committed
the offences alleged. Petitioner was arrested on 26.05.2025, and he
has been in custody since then.
4. After the investigation was completed, the final report has
been filed wherein the offence under Section 69 of BNS has been
deleted, and the offences alleged are now only under Sections 450,
376(2)(n) and 323 of IPC. All offences under BNS, 2023 have been
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deleted.
5. I have heard Sri.Biju C Abraham., the learned counsel for
the petitioner as well as Sri.Noushad K A., the learned Public
Prosecutor.
6. The learned counsel for the petitioner submitted that
petitioner has been in custody since 26.05.2025 and hence further
detention is not necessary.
7. The learned Public Prosecutor opposed the bail
application.
8. A copy of the statement of the de facto complainant was
handed over across the Bar by the learned Public Prosecutor. On a
perusal of the same, it is noticed that the de facto complainant herself
has stated that she and the petitioner had fallen in love with each
other and were in a relationship. It was also stated by her that she is
a married lady having a seven year old child and that she was
separated from her husband. It is further stated that, the fact of her
earlier marriage had been conveyed to the petitioner and, despite that,
they fell in love, and were working together in the same place of
employment. The statement also indicates that on several occasions
they have indulged in physical relationship and the last was in
November 2024. She also alleges that the accused had collected an
amount of Rs.3,00,000/- from her and when the said amount was
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demanded back, he assaulted her.
9. The allegations prima facie indicate that the petitioner
and the de facto complainant were in a relationship, and they
maintained the relationship for almost 1 ½ years, during which period
they had engaged in a physical relationship on several occasions.
10. In the decision in Sameer Ibrahim v. State of Kerala
and Another [2025 (4) KHC 485], this Court had already observed
that the Court must be conscious while considering bail applications in
consensual relationships. Considering the nature of allegations, the
Investigating Officer has already deleted the offence under Section 69
of BNS.
11. Taking note of the period of detention undergone by the
petitioner from 26.05.2025 and bearing in mind the nature of
allegations, especially since the de facto complainant herself stated
that they fell in love with each other and were in a relationship, I am
of the view that further custody of the petitioner is not necessary.
Therefore, the petitioner is entitled to be released on bail.
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.
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(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the
witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he
is on bail.
(e) Petitioner shall not leave the country without the
permission of the jurisdictional Court.
In case of violation of any of the above conditions or if any
modification or deletion of the conditions are required, 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
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