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Kerala High Court
Abhijith K. Sudhan vs State Of Kerala on 3 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
2026:KER:9277
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 3RD DAY OF FEBRUARY 2026 / 14TH MAGHA, 1947
BAIL APPL. NO. 186 OF 2026
CRIME NO.2161/2025 OF THODUPUZHA POLICE STATION, IDUKKI
PETITIONER/ACCUSED:
ABHIJITH K. SUDHAN
AGED 33 YEARS
S/O SUDHAN, KUNNANANICKAL HOUSE, MULLARIKUDY KARA,
KONNATHADY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI
DISTRICT., PIN - 685554
BY ADV SHRI.N.A.SHAFEEK
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.186 of 2026
-2-
2026:KER:9277
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 accused in Crime No.2161/2025
of Thodupuzha Police Station, Idukki District. The offences
alleged are punishable under Sections 64(2)(m), 64(2)(h), 69,
79 and 318(4) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the applicant
committed rape on the survivor on 20.08.2024 at her residence
and thereafter in an apartment at Riverview road against her
will and without her consent and thereby committed the above
offences.
4. I have heard Sri.N.A.Shafeek, the learned counsel for
the applicant and Sri.K.A.Nousahd, the learned Senior Public
Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that
the applicant is innocent and has been falsely implicated in the
above crime. The counsel further submitted that no materials
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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. I went through the FIS. A reading of the FIS would
show that the applicant and the survivor were in a relationship
since 2020. It is alleged that the applicant promised to marry
her. Thereafter on two occasions; first one at her house and the
second one at the resort, the applicant forcefully committed
rape on her. The alleged incidents were in the year 2024.
However, the FIS was lodged only on 18.12.2025. According to
the survivor, she came to know that the applicant was going to
marry another girl and it was thereafter the complaint was
lodged. The survivor initially filed a complaint before the Station
House Officer, Thodupuzha which is marked as Annexure-A.
The story in Annexure-A is a different one. In Annexure-A, she
stated that they were living as husband and wife together and
they had consensual sex twice and she became pregnant. It is
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also stated in the said complaint that she came to know that
the applicant was going to marry another girl and that was the
reason for filing the complaint. Thus, it appears that the alleged
sexual acts between the applicant and the survivor were
consensual in nature. 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 demanded.
(iii) The applicant shall appear before the investigating
officer on 10.02.2026 and 11.02.2026 at 10 a.m. to undergo
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medical examination and potency test.
(iv) 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.
(v) The applicant shall not commit any offence of a like
nature while on bail.
(vi) 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.
(vii) The applicant shall not leave the State of Kerala
without the permission of the trial Court.
(viii) 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
SKP
2026:KER:9277
APPENDIX OF BAIL APPL. NO. 186 OF 2026
PETITIONER'S ANNEXURES:
Annexure A THE TRUE COPY OF THE COMPLAINT FILED BY THE
DE FACTO COMPLAINANT WHICH IS OBTAINED
UNDER RIGHT TO INFORMATION ACT
Annexure B THE TRUE COPY OF THE FIRST INFORMATION
STATEMENT GIVEN BY THE DE FACTO COMPLAINANT
Annexure C THE TRUE COPY OF THE ORDER DATED 07.01.2026
IN CRL.M.C. NO.864/2025 OF SESSIONS COURT
THODUPUZHA
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE
