Kerala High Court
Shijin. A vs State Of Kerala on 8 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:66370
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 8TH DAY OF SEPTEMBER 2025 / 17TH BHADRA, 1947
BAIL APPL. NO. 10777 OF 2025
CRIME NO.925/2025 OF KADUTHURUTHI POLICE STATION,
KOTTAYAM AGAINST THE ORDER/JUDGMENT DATED 11.08.2025 IN BAIL
APPL. NO.9458 OF 2025 OF HIGH COURT OF KERALA.
PETITIONER:
SHIJIN. A.,
AGED 30 YEARS,
S/O. ABDUL BASHEER, SHIBIN MANZIL,
MARUTHUMOODU, MUKKUDIL P.O., PULLAMPARA,
THIRUVANANTHAPURAM DISTRICT.,
PIN - 695 607.
BY ADV SRI.SHAJIN S.HAMEED
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.10777 of 2025
2025:KER:66370
-2-
BECHU KURIAN THOMAS, J.
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Bail Appl. No.10777 of 2025
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Dated this the 8th day of September, 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.925 of 2025 of
Kaduthuruthy Police Station, Kottayam, registered for the offences
punishable under sections 64(2)(m), 69, 84, 308(1) of the Bharatiya
Nyaya Sanhita, 2023 (for short 'BNS') and Section 119(b) of the Kerala
Police Act, 2011.
3. According to the prosecution, the accused had, under a
false promise of marriage, forcefully attempted to engage in sexual
intercourse with the de facto complainant on 29.12.2024 and, when it
was resisted, he committed rape on her and later after procuring her
nude videos and photographs, threatened to send it to her husband and
from 16.04.2025 to 02.05.2025, committed rape on her repeatedly after
taking her to a hotel in Changanassery town and also procured 15
sovereigns of gold ornaments from her and thereby committed the
offences alleged. Petitioner was arrested on 26.07.2025, and he has
been in custody since then.
2025:KER:66370
4. Sri.Shajin S Hameed., the learned counsel for the
petitioner contended that the allegations are false and even if the same
is assumed to be correct, it will only reflect a consensual relationship.
It was further submitted that the long period of relationship would
only indicate a consensual relationship and not an instance of rape.
The learned counsel also submitted that the petitioner and the victim
are both married persons and, therefore, there cannot be any sexual
intercourse on a promise of marriage.
5. Smt.Sreeja V., the learned Public Prosecutor, opposed the
application and submitted that the allegations are serious, and the
investigation is only at the initial stages and hence granting bail to the
petitioner will scuttle the scope of the investigation. The learned
Prosecutor also pointed out that the victim is now under custody in
connection with a cheating case and also that the investigation is still
ongoing.
6. I have considered the rival contentions.
7. On 11.08.2025, petitioner's Bail Application No.9458 of
2025 was dismissed after noticing that the nature of allegations
indicated that the victim was compelled to indulge in forceful and
violent sex. This is the second application filed by the petitioner. The
statement of the victim indicates that she was taken by the accused on
29.12.2024 in a car to a theme park where, despite her resistance, he
committed penetrative sexual assault on her. Even subsequently, on
2025:KER:66370
16.04.2025 and 02.05.2025, the accused took the victim in another car
to a hotel in Changanassery town where also, he under threat,
committed rape on her. Petitioner is also alleged to have
misappropriated 15 sovereigns of gold ornaments.
8. Though the allegations are serious, taking note of the
period of custody already undergone by the petitioner and also the fact
that both the petitioner as well as the victim are married persons, I am
of the view that continued detention of the petitioner is not necessary.
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 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.
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,
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if any, and pass appropriate orders in accordance with law,
notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
ADS
2025:KER:66370
APPENDIX OF BAIL APPL. 10777/2025
PETITIONER ANNEXURES
Annexure-A TRUE COPY OF THE FIR IN CRIME NO.925/2025
OF KADUTHURUTHY POLICE STATION, KOTTAYAM
DISTRICT.
Annexure-B TRUE COPY OF THE REMAND REPORT IN CRIME
NO.925/2025 OF KADUTHURUTHY POLICE
STATION.
Annexure-C TRUE COPY OF THE ORDER DATED 29/07/2025
IN CMP.NO.5623/2025 OF THE JUDICIAL 1ST
CLASS MAGISTRATE COURT-I, VAIKOM.
Annexure-D TRUE COPY OF THE ORDER DATED 11-08-2025
IN BAIL APPL.9458/2025 ON HIGH COURT.
Annexure-E TRUE COPY OF THE FORGED APPOINTMENT
LETTER ISSUED BY THE DE FACTO COMPLAINANT
TO THE FRIEND OF PETITIONER.
Annexure-F TRUE COPY OF THE COMPLAINT DATED
06/03/2025 SUBMITTED BY THE DE FACTO
COMPLAINANT BEFORE THE DIRECTOR GENERAL
OF POLICE, KERALA.
