Kerala High Court
Kartheesh Kumar vs State Of Kerala on 28 May, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.Nos.6457 & 6774 of 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
BAIL APPL.NO.6457 OF 2025
CRIME NO.243/2025 OF KUMILY POLICE STATION, IDUKKI
AGAINST THE JUDGMENT DATED 02.05.2025 IN CRMC NO.302 OF 2025
OF DISTRICT COURT & SESSIONS COURT,THODUPUZHA ARISING OUT OF
CMP NO.2590 OF 2025 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II, PEERUMEDU
PETITIONER/1ST ACCUSED:
PRAJITH A., AGED 33 YEARS
S/O.AYYAPPAN, ARNAKAL ESTATE, ARNAKAL P.O.,
MANJUMALA, VANDIPERIYAR, IDUKKI, PIN - 685533
BY ADVS.
C.HARIKUMAR
SANDRA SUNNY
ARUN KUMAR M.A
FARAH JYOTHI PRADEEP
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SMT. SREEJA V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.05.2025, ALONG WITH B.A.NO.6774 OF 2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.6457 & 6774 of 2025 2
2025:KER:36879
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 28TH DAY OF MAY 2025 / 7TH JYAISHTA, 1947
BAIL APPL.NO.6774 OF 2025
CRIME NO.243/2025 OF KUMILY POLICE STATION, IDUKKI
AGAINST THE ORDER DATED 07.05.2025 IN CRMC NO.303 OF 2025 OF
DISTRICT COURT & SESSIONS COURT, THODUPUZHA
PETITIONER/d ACCUSED:
KARTHEESH KUMAR, AGED 36 YEARS
S/O.MUNISWAMI, ARNAKKAL ESTATE LAINES,
ARNAKKAL P.O., MANJUMALA VILLAGE,
VANDIPERIYAR, IDUKKI, PIN - 686507
BY ADV THAJUNA MARIA FRANCIS
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV.NOUSHAD K.A. (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.05.2025, ALONG WITH B.A.NO.6457 OF 2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.6457 & 6774 of 2025 3
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BECHU KURIAN THOMAS, J.
......................................................
B.A. Nos.6457 & 6774 of 2025
...................................................
Dated this the 28th day of May, 2025
ORDER
These bail applications are filed under section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner in B.A.No.6457 of 2025 is the 1 st accused,
while the petitioner B.A.No.6774 of 2025 is the 2 nd accused in
Crime No.243 of 2025 of Kumily Police Station, Idukki registered
for the offences punishable under Sections 87, 144(2), 70(1),
115(1) & 351(3) of Bharatiya Nyaya Sanhita, 2023 and Sections
66E & 67 of the Information Technology (Amendment) Act, 2008.
3. According to the prosecution, the accused had, on
11.02.2025, duped the de facto complainant stating that her
mother is unwell and took her on the bike of the 1st accused to
meet her mother and thereafter the accused together committed
gang rape on the victim after she was assaulted and fell
unconscious and thereby committed the offences alleged.
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4. Heard both the learned Counsel for the petitioners as
well as the learned Public Prosecutor.
5. Both the learned Counsel appearing for the petitioners,
vehemently contended that the entire allegations against them
are false and at the most only indicate a consensual relationship
between the victim and the accused. Pointing out few anomalies in
the statement of the victim, both the learned Counsel strenuously
argued that the incident did not occur as alleged by the
prosecution and that the victim keeps changing her version. It was
also pointed out that the victim hopped on the bike of the 1 st
accused on her own volition and even thereafter, despite noticing
that the bike was going in a different direction, she did not shout
or seek any help and on the other hand, willingly went along with
the 1st accused, which also indicates a conscious act. It was further
submitted that petitioners were arrested on 04.03.2025 and
05.03.2025 and have been in custody since then.
6. The learned Public Prosecutor, on the other hand,
submitted that the allegations are serious and the victim was
brutally assaulted by the 2nd accused and thereafter both the
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accused committed the heinous crime of gang rape and, therefore,
the accused ought not to be released on bail. It was further
submitted that, considering the close relationship with the 2 nd
accused, there is every chance of the victim and other witnesses
being influenced by the petitioners and hence bail ought not be
granted.
7. On a consideration of the rival contentions and on a
perusal of the statements given by the de facto complainant, this
Court is of the view that the seriousness of the allegations and the
severity of the crime alleged cannot be disregarded by this Court
while considering these applications. Though the learned Counsel
for the petitioners attempted to point out few anomalies in the
statements, the subsequent statement of the victim has explained
those anomalies, if at all there are any. Even otherwise those
minor anomalies are irrelevant as far as the main offence of gang
rape is concerned at this juncture and, therefore, the
inconsistencies pointed out by the learned Counsel for the
petitioners cannot have any significant impact.
8. The offence alleged against the petitioners being
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serious and the victim being a young girl of 21 years, I am of the
view that if the petitioners are released on bail at this juncture,
there is every possibility of the victim as well as the witnesses
being influenced. Therefore, petitioners' prayer for releasing them
from custody cannot be allowed.
Hence these bail applications are dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
sp/28/05/2025
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APPENDIX OF BAIL APPL.6457/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION
STATEMENT IN CRIME NO: 243/2025 OF KUMILY
POLICE STATION, IDUKKI DISTRICT DATED
03.03.2025
Annexure A2 TRUE COPY OF THE FIRST INFORMATION
STATEMENT IN CRIME NO: 243/2025 OF KUMILY
POLICE STATION, IDUKKI DISTRICT DATED
03.03.2025
Annexure A3 TRUE COPY OF THE ORDER IN CMP NO.2590 OF
2025 PASSED BY THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, PEERMADE DATED
09.04.2025
Annexure A4 TRUE COPY OF THE ORDER IN CRL M.C NO:302
OF 2025 PASSED BY THE COURT OF SESSIONS
JUDGE, THODUPUZHA DATED 02.05.2025
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APPENDIX OF BAIL APPL. 6774/2025
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE FIRST INFORMATION REPORT
ALONG WITH F.I.S STATEMENT OF THE DEFACTO
COMPLAINANT IN CRIME NO: 243/2025 OF
KUMALY POLICE STATION, IDUKKI
Annexure B TRUE COPY OF THE ORDER DATED 07-05-2025
IN CRL M.C NO:303 OF 2025 OF COURT OF THE
COURT OF SESSIONS JUDGE, THODUPUZHA
