Citation : 2026 Latest Caselaw 2621 Ker
Judgement Date : 7 April, 2026
2026:KER:30730
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 7TH DAY OF APRIL 2026/17TH CHAITHRA, 1948
BAIL APPL. NO. 1889 OF 2026
CRIME NO.622/2025 OF PARIYARAM MEDICAL COLLEGE POLICE STATION,
KANNUR
AGAINST THE JUDGMENT DATED 17.09.2025 IN BAIL APPL. NO.8007 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
CHIRAYU. K.V @ CHIRAYU CHANDRAN
AGED 58 YEARS, S/O P.V KUNHIKANNAN,
PUTHIYA VEETTIL, VEERANCHIRA, SREESTHA P.O, EZHOME,
KANNUR DISTRICT, PIN - 670303
BY ADVS.
SRI.M.ANUROOP
SRI.M.DEVESH
SMT.JYOTHIS MARY
SMT.S.K.SREELAKSHMY
SHRI.MURSHID ALI M.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY ADV.
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.04.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 1889 OF 2026
2
2026:KER:30730
ORDER
This application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short,
BNSS), seeking pre-arrest bail.
2. The applicant is the sole accused in Crime
No.622/2025 of Pariyaram Medical College Police Station,
Kannur District. The offence alleged is punishable under
Section 376 of the Indian Penal Code, 1860.
3. The prosecution case, in short, is that
during the period from October 2022 to May 2024, while
the de facto complainant was residing along with her aunt
at a rented house at Manjeswaram, Kasaragode and from
the house at Alavil, Kannur, and the rented houses at
Taliparamba and Koranpeedika, the applicant had repeated
sexual intercourse with her without her consent and
against her will and thereby committed the above offence.
4. I have heard Sri. M.Anuroop, the learned
counsel for the applicant and Smt. Sreeja.V, the learned
Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant BAIL APPL. NO. 1889 OF 2026
2026:KER:30730
submitted that the applicant is innocent and has been
falsely implicated in the above crime. The counsel further
submitted that no materials are on record to connect the
applicant with the alleged crime; hence, he is entitled to
bail. The learned Senior Public Prosecutor, on the other
hand, submitted that the alleged incident occurred as part
of the applicant's intentional criminal acts, and if he is
released on bail at this stage, it will affect the course of the
investigation.
6. The applicant is aged 58 years and the
victim is aged 36 years. The applicant is stated to be an
astrologer. A reading of the FIS would show that the de
facto complainant met the applicant in the year 2022. At
that time, she was married to another man for 10 years
and has a son in the said wedlock. The applicant was also
a married person. Thereafter, the relationship between the
applicant and the de facto complainant became more
intense and they started to reside together. It is
specifically stated in the FI Statement that, on 20.11.2022,
the applicant married the de facto complainant in the BAIL APPL. NO. 1889 OF 2026
2026:KER:30730
presence of the relatives and they resided as husband and
wife. The case of the de facto complainant is that the
applicant suppressed the fact that he was married, started
to reside with her and sexually exploited her. However,
the fact remains that the de facto complainant was also a
married woman. The applicant has no criminal
antecedents. Considering the allegations made against the
applicant, his custodial interrogation seems unnecessary.
For these reasons, I find this to be an appropriate case to
grant pre-arrest bail to the applicant.
In the result, the application is allowed on the
following conditions:-
(i) The applicant shall be released on bail in
the event of his arrest on executing a bond for
Rs.1,00,000/- (Rupees One lakh only) with two solvent
sureties for the like sum each to the satisfaction of the
arresting officer/investigating officer, as the case may be.
(ii) The applicant shall fully cooperate with
the investigation, including subjecting himself to the
deemed police custody for discovery, if any, as and when BAIL APPL. NO. 1889 OF 2026
2026:KER:30730
demanded.
(iii) The applicant shall appear before the
investigating officer between 10.00 a.m. and 11.00 a.m.
every Saturday until further orders. He shall also appear
before the investigating officer as and when required.
(iv) The applicant shall not commit any
offence of a like nature while on bail.
(v) The applicant shall not attempt to contact
any of the prosecution witnesses, directly or through any
other person, or in any other way try to tamper with the
evidence or influence any witnesses or other persons
related to the investigation.
(vi) The applicant shall not leave the State of
Kerala without the permission of the trial Court.
(vii) The application, if any, for
deletion/modification of bail conditions or cancellation of
bail on the grounds of violating the bail conditions shall be
filed at the jurisdictional court.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE ARK BAIL APPL. NO. 1889 OF 2026
2026:KER:30730
APPENDIX OF BAIL APPL. NO. 1889 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE JUDGMENT IN BA NO.
8007/2025 DISMISSED AS WITHDRAWN ON 17-09-
ANNEXURE A2 A TRUE COPY OF THE BAIL ORDER IN CRL.M.C. NO.
1403/2025 DATED 08.10.2025
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