Kerala High Court
Sayooj S vs State Of Kerala on 2 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:48012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 2ND DAY OF JULY 2025 / 11TH ASHADHA, 1947
BAIL APPL. NO. 7916 OF 2025
CRIME NO.755/2025 OF MALAPPURAM POLICE STATION, MALAPPURAM.
PETITIONER:
SAYOOJ S,
AGED 28 YEARS,
S/O SUBRAHMANIAN, KORANGOD HOUSE,
THENKARISSI PO, ALATHUR,
PALAKKAD DISTRICT, PIN - 678 671.
BY ADVS.
SHRI.AMEEN HASSAN K.
SHRI.REBIN VINCENT GRALAN
RESPONDENT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
2 STATION HOUSE OFFICER,
MALAPPURAM POLICE STATION,
MALAPPURAM, PIN - 676 519.
SRI. NOUSHAD K A, PP
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
02.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.7916 of 2025
2025:KER:48012
-2-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.7916 of 2025
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Dated this the 2nd 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.755 of 2025
Malappuram Police Station registered for the offences punishable
under sections 84 and 69 of the Bharatiya Nyaya Sanhita, 2023 (for
short "BNS').
3. The prosecution case is that the petitioner, after giving
a false promise of marriage, sexually assaulted the de facto
complainant and threatened to publish her photos and videos and
borrowed a total amount of Rs.2,50,000/- and thereby committed the
offences alleged. Petitioner was arrested on 13.06.2025, and he has
been in custody since then.
4. Sri.Ameen Hassan K, the learned counsel for the
petitioner, submitted that the prosecution allegations are totally
false, and the incident as alleged had not occurred. It was further
submitted that even going by the prosecution allegations, the victim
is a married lady and therefore, there cannot be sexual intercourse
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with a promise of marriage. It was further submitted that a reading
of the FIR will indicate that it is primarily based on a financial claim
and the allegation of rape under the promise of marriage is taken up
only to ensure that the petitioner yields to her illegal demands. The
learned counsel further submitted that further detention ought not to
be permitted, considering the young age of the petitioner.
5. Sri.Noushad K A, the learned Public Prosecutor, on the
other hand, opposed the bail application and submitted that the
allegations are serious and that the petitioner having been arrested
only on 13.06.2025, his continued detention is necessary.
6. On a consideration of the rival contentions and on a
perusal of the statement of the victim given to the police, it is noticed
that the de facto complainant is a married lady. In fact, one of the
offences alleged against the petitioner is that under Section 84 of
BNS, which deals with enticing or taking away with criminal intent a
married women. Once the admitted case of the prosecution itself is
that the de facto complainant is a married women, there cannot be
sexual intercourse with the promise of marriage. As observed by this
Court in Anilkumar v. State of Kerala and others [2021 (1) KHC
435] as well as Ranjith v. State of Kerala [2022 (1) KLT 19] there
cannot be a promise of marriage when one of the parties is in a
subsisting marriage. In such a view of the matter, prima facie, it is
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doubtful whether the offence under Section 69 can be attracted.
7. As far as Section 84 is concerned, it is a bailable offence
and therefore, the continued detention of the petitioner is not
necessary.
8. In this context, it is observed that while considering
the cases alleging rape on the basis of the promise of marriage, it is
difficult for this Court at this juncture to enter into a conclusion
regarding whether the relationship was consensual or not. The
entire circumstances will have to be taken into consideration
especially when a married lady enters into a physical relationship
with another person. If both of the parties are aware about a
subsistant marriage it cannot be alleged that the sexual intercourse
between them was with a promise to marry.
9. Taking into consideration the above circumstances, I am of
the view that this is a fit case to release the petitioner 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.
(b) Petitioner shall appear before the Investigating Officer
as and when required.
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(c) Petitioner shall not intimidate or attempt to influence
the witnesses; nor shall he tamper with the evidence or
contact the victim or her family members.
(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.
10. 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.
It is clarified that the observations made in this order are
solely for the purpose of disposing of this bail application and the
same shall have no bearing at any other stage of the proceedings.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
2025:KER:48012
APPENDIX OF BAIL APPL. 7916/2025
PETITIONER ANNEXURES
Annexure A1 THE COPY OF THE BAIL ORDER OF JFCM,
MALAPPURAM DATED 17.06.2025 IN C.M.P
1962/2025.
Annexure A2 THE COPY OF THE FIR NO.404/2025 OF
TIRUR POLICE DATED 04.03.2025.
Annexure A3 THE COPY OF THE JUDGMENT DATED
30.10.2020 OF THE HON'BLE HIGH COURT OF
KERALA IN ANILKUMAR V. STATE OF KERALA
[2021 (1) KHC 435].
Annexure A4 THE COPY OF THE JUDGMENT DATED
29.03.2022 OF THE HON'BLE HIGH COURT OF
KERALA IN CRL.MC NO. 4933 OF 2021.
Annexure A5 THE COPY OF THE JUDGMENT DATED
06.03.2024 OF THE HON'BLE SUPREME COURT
OF INDIA IN CRIMINAL APPEAL 3431/2023.
