Kerala High Court
Jose.B vs State Of Kerala on 22 September, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 11871 OF 2025
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2025:KER:70497
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 22ND DAY OF SEPTEMBER 2025 / 31ST BHADRA, 1947
BAIL APPL. NO. 11871 OF 2025
CRIME NO.1304/2025 OF KILIKOLLOOR POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT DATED IN BAIL APPL. NO.11194 OF 2025
OF HIGH COURT OF KERALA
PETITIONER(S)/ACCUSED:
JOSE.B.
AGED 25 YEARS
SUMOD BHAVAN, KUTHIRACHIRA,
PUNALUR.P.O., KOLLAM, PIN - 691305.
BY ADVS.
SRI.A. RAJASIMHAN
SRI.NIKHIL. A. AZEEZ
KUM.VYKHARI. K.U
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031.
BY SMT. SREEJA V., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.09.2025, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 11871 OF 2025
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2025:KER:70497
BECHU KURIAN THOMAS, J.
......................................................
B.A. No.11871 of 2025
...................................................
Dated this the 22nd 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.1304/2025 of Kilikolloor Police
Station, Kollam; registered for the offences punishable under Sections 64
and 69 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that, the accused became acquainted with the
defacto complainant through social media and thereafter he engaged in a
physical relationship with her under a promise to marry, and later the
accused failed to marry her and thus committed the offences alleged.
Petitioner was arrested on 01.09.2025 and he has been in custody since
then.
4. I have heard Sri.A.Rajasimhan, the learned Counsel for the petitioner, As well
as Smt.Sreeja V., the learned Public Prosecutor.
5. Petitioner is alleged to have engaged in sexual intercourse with the defacto
complainant and raped her after promising to marry her. The initial instance
of rape is alleged to have occurred on 19.08.2024 when the victim was
taken to Munnar where they stayed in a resort and he forcefully committed
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rape on her. Subsequently, on 06.11.2024 petitioner is alleged to have
invited her to his house at Kollam where he again committed sexual
intercourse with her on the promise of marriage. However, thereafter the
petitioner evaded from attempts of the defacto complainant to contact, and
thus committed the offences alleged.
6. A reading of the statement of the defacto complainant reveals that they
became acquainted through Instagram. Subsequently, the victim travelled
from Adoor all the way up to Munnar in the car of the accused and stayed in
a hotel. Of course, it is alleged that at night while they were staying
together in the resort, the accused raped her without her consent and
thereafter he promised to marry her. Based on this, she willingly engaged in
sexual intercourse with him on 06.11.2024.
7. In the decision in Prashant v. State of NCT of Delhi [AIR 2025 SC 33], the
Supreme Court observed that merely because a relationship did not
crystallize into a marriage, that is not a reason to assume that the physical
intimacy between the parties should be treated as rape. The decision in
Sameer Ibrahim v. State of Kerala 2025(4) KLT 201 is also relevant in
this contex.
8. Further, in Amol Bhagwan Nehul vs. State of Maharashtra & Another
[2025 INSC 782] the Supreme Court had observed that a consensual
relationship turning sour at a later point in time or partners becoming distant
cannot be a ground for invoking the criminal machinery of the State and that
such conduct not only burdens the Courts, but blots the identity of an
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individual accused of such a heinous offence.
9. A perusal of the above decisions indicates that after the breakdown of the
relationship, treating the parties physical relationship as instances of rape
was deprecated. Taking into consideration the aforesaid principle of law and
also bearing in mind the period of detention already undergone from
01.09.2025, I am of the view that further custody is not necessary. Hence,
petitioner is entitled to be released on bail.
10. 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.
(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 for modification or
deletion of any of the conditions, the jurisdictional Court shall be empowered
to consider such applications, if any, and pass appropriate orders in
accordance with the law, notwithstanding the bail having been granted by
this Court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/22/09/2025
BAIL APPL. NO. 11871 OF 2025
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APPENDIX OF BAIL APPL. 11871/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE FIR NO.1304 OF 2025 OF
KILIKOLLOOR POLICE STATION.
ANNEXURE A2 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER TO THE HON'BLE CHIEF MINISTER OF
KERALA DATED 2-6-2025.
ANNEXURE A3 TRUE COPY OF THE LETTER DATED 5-6-2025 RECEIVED
FROM THE OFFICE OF THE ADDITIONAL
SUPERINTENDENT OF POLICE, KOLLAM RURAL.
ANNEXURE A4 TRUE COPY OF THE LETTER DATED 12-6-2025
RECEIVED FROM THE OFFICE OF THE STATE POLICE
CHIEF.
ANNEXURE A5 TRUE COPY OF THE PROCEEDINGS IN BA NO. 8596 OF
2025 OF THIS HON'BLE COURT.
ANNEXURE A6 TRUE COPY OF THE ORDER DATED 7-8-2025 IN BA NO.
8596 OF 2025 OF THIS HON'BLE COURT.
ANNEXURE A7 TRUE COPY OF THE ORDER DATED 11-9-2025 IN CRLMP
NO. 4609 OF 2025 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-1, KOLLAM.
