Kerala High Court
Rahimmon T. Y vs State Of Kerala on 17 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BA Nos.10733 & 10741/2025
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2025:KER:69072
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2025 / 26TH BHADRA, 1947
BAIL APPL. NO. 10733 OF 2025
CRIME NO.1667/2025 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 27.08.2025 IN BAIL APPL.
NO.9953 OF 2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NOS.2 & 3 :
1 RAHIMMON T. Y., AGED 47 YEARS
S/O. YOUSEF, THOPPIL HOUSE,
PALLIPADI, PANAYIKKULAM P.O.,
KARUMALLOOR, ERNAKULAM - 683 511.
2 SHEREENA RAHIMMON, AGED 46 YEARS
W/O. RAHIMMON T.Y., THOPPIL HOUSE, PALLIPADI,
PANAYIKKULAM P.O.,KARUMALLOOR,
ERNAKULAM, PIN - 683 511.
BY ADVS. SHRI.E.A.HARIS
SHRI.M.A.AHAMMAD SAHEER
SRI.MUHAMMED YASIL
SMT.AAGI JOHNY
SMT.V.P.LACTISHA
SMT.DILNA B. SHAJAHAN
RESPONDENT/STATE & COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.09.2025,
ALONG WITH BAIL APPL..10741/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
BA Nos.10733 & 10741/2025
2
2025:KER:69072
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2025 / 26TH BHADRA, 1947
BAIL APPL. NO. 10741 OF 2025
CRIME NO.1667/2025 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.4 :
K.S. ABDUL SAHAD, AGED 25 YEARS
S/O. SADHIK K.A., 8/28, KARUKASSERY HOUSE,
PARANA JN, WEST VELIYATHUNAD, KARUMALLOOR P.O.,
ERNAKULAM, PIN - 683 511.
BY ADVS. SHRI.E.A.HARIS
SRI.K.K.NASSEER (ALUVA)
RESPONDENT/STATE & COMPLAINANT :
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
SRI.PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.09.2025,
ALONG WITH BAIL APPL..10733/2025, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
BA Nos.10733 & 10741/2025
3
2025:KER:69072
BECHU KURIAN THOMAS, J.
......................................................
B.A.Nos.10733 & 10741 of 2025
...................................................
Dated this the 17th day of September, 2025
ORDER
These bail applications are filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioners in B.A.No.10733/2025 are accused Nos.2 and 3 while
petitioner in B.A.No.10741/2025 is the 4 th accused in Crime
No.1667/2025 of Kothamangalam Police Station, Ernakulam. Initially the
crime was registered under Section 194 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS). Subsequently, during the course of
investigation, offence punishable under Sections 108, 69, 49, 56, 127(2),
115(2) r/w Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS) were
incorporated.
3. The prosecution alleges that Ms.Sona Eldhose, a relative of the defacto
complainant, committed suicide due to mental harassment from the
accused, who insisted on the victim converting her religion for the
purpose of solemnizing her marriage with the first accused and also
wrongfully restrained her. Unable to bear the harassament, she
committed suicide and accused abetted the commission of suicide and
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thereby committed the offences alleged against them. Petitioners were
arrested on 18.08.2025 and they have been in custody since then.
4. Sri.E.A.Haris, the learned Counsel for the petitioners submitted that
petitioners have been wrongly arrayed as accused and that they have no
involvement in the alleged crime. It was further submitted that
Annexure-A2 suicide note does not indicate any intention on the part of
the accused to force the deceased to commit suicide, which is a
requirement of law for the purpose of implicating the petitioners with an
offence under Section 108 of BNS. The learned counsel also submitted
that even if the entire allegations are admitted, still, the alleged
harassment cannot be regarded as the proximate cause of the
commission of suicide. The learned counsel referred to the decision in
Harikrishnan and Another v. State of Kerala and Another 2019 (2)
KHC 437 in support of the aforesaid proposition. It was further submitted
that petitioners have been in custody from 18.08.2025, and hence they
ought to be released on bail.
5. Sri.Prasanth M.P., the learned Public Prosecutor, on the other hand,
submitted that, the accused committed a serious offence and the suicide
note itself indicates that there was a demand for conversion of religion. It
was further submitted that, though the deceased had agreed to convert
herself, still the accused continued to harass her, and the deceased could
not bear the mental trauma of the first accused backing out of the
relationship after all the harassment, and hence, there are materials to
implicate the petitioners in the crime, and therefore, they ought not to be
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released on bail.
6. I have considered the rival contentions.
7. In a recent decision of the Supreme Court in Abhinav Mohan Delkar v.
State of Maharashtra and Others (2025) SCC Online 1725, it has
been observed that even if there are allegations of continuous and
constant harassment, meted out by a person over a long period; there
must be a proximate prior act to clearly find that the suicide was the
direct consequence of such continuous harassment. The decision in
Harikrishnan's case (Supra) is also relevant in this context. It has also
been observed by this Court in the decision in Radhika Kapahtia (Dr.)
v. State of Kerala 2024 (2) KLT 635 that it is not what the deceased
felt, but what the accused intended that should be the basis for
implicating a person as an accused in the crime.
8. With the above legal proposition in mind, when the allegations in the
present case are appreciated, it is evident that the petitioners have been
arrayed as accused primarily on the basis of the suicide note. Though
there are references to repeated harassment of the deceased by the
petitioners, taking note of the period of custody already undergone by
them from 18.08.2025, I am of the view that further detention is not
necessary.
9. In the result, these bail applications are allowed on the following
conditions:-
(a) Petitioners shall be released on bail on each of them
executing a bond for Rs.50,000/- (Rupees fifty thousand
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only) with two solvent sureties each for the like sum to the
satisfaction of the court having jurisdiction.
(b) Petitioners shall appear before the Investigating Officer
as and when required.
(c) Petitioners shall not intimidate or attempt to influence
the witnesses; nor shall they tamper with the evidence.
(d) Petitioners shall not commit any similar offences while
they are on bail.
(f) Petitioners shall not leave the country without
permission from 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
AMV/17/09/2025
BA Nos.10733 & 10741/2025
2025:KER:69072
APPENDIX OF BAIL APPL. 10733/2025
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY THE REMAND REPORT DATED
18.08.2025 IN CRIME 1667/2025 OF
KOTHAMANGALAM POLICE STATION, ERNAKULAM
DISTRICT.
ANNEXURE A2 THE TRUE COPY OF THE SUICIDE NOTE OF THE
VICTIM DATED 09.08.2025 IN CRIME 1667/2025 OF
KOTHAMANGALAM POLICE STATION, ERNAKULAM.
ANNEXURE A3 THE TRUE COPY OF THE LETTER DATED 03.08.2025
WRITTEN BY THE DECEASED AND THE 1ST ACCUSED
TO THE PETITIONERS
BA Nos.10733 & 10741/2025
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APPENDIX OF BAIL APPL. 10741/2025
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY THE FIR DATED 09.08.2025 IN
CRIME 1667/2025 OF KOTHAMANGALAM POLICE
STATION, ERNAKULAM DISTRICT.
ANNEXURE A2 THE TRUE COPY THE REMAND REPORT DATED
18.08.2025 IN CRIME 1667/2025 OF
KOTHAMANGALAM POLICE STATION, ERNAKULAM
DISTRICT.
ANNEXURE A3 THE TRUE COPY OF THE SUICIDE NOTE OF THE
OF KOTHAMANGALAM POLICE STATION, ERNAKULAM.
ANNEXURE A4 THE TRUE COPY OF THE LETTER DATED 03.08.2025
WRITTEN BY THE DECEASED AND THE 1ST ACCUSED
TO HIS PARENTS
