Arun Babu vs State Of Kerala
2026 Latest Caselaw 1351 Ker

Citation : 2026 Latest Caselaw 1351 Ker
Judgement Date : 9 February, 2026

[Cites 1, Cited by 0]

Kerala High Court

Arun Babu vs State Of Kerala on 9 February, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                              2026:KER:11593


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

            THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

       MONDAY, THE 9TH DAY OF FEBRUARY 2026/20TH MAGHA, 1947

                       BAIL APPL. NO. 593 OF 2026

     CRIME NO.1113/2025 OF SANTHANPARA POLICE STATION, IDUKKI

PETITIONER/ACCUSED:

            ARUN BABU
            AGED 27 YEARS, S/O. BABU,
            THAKARAPARAMBIL HOUSE, UDUMBANCHOLA, AADUKUDANTHAN,
            CHATHURANGAPARA VILLAGE, IDUKKI DISTRICT,
            PIN - 685554

            BY ADVS.
            SRI.BIJU .C. ABRAHAM
            SHRI.THOMAS C.ABRAHAM




RESPONDENT/STATE:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM, PIN - 682031

            BY ADV.
            SRI.M.C. ASHI, SR. PP


     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
09.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 593 OF 2026
                                         2
                                                                2026:KER:11593


                                    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.1113/2025 of Santhanpara Police Station, Idukki

District. The offences alleged are punishable under

Sections 64(2)(m) and 69 of the Bharatiya Nyaya Sanhita,

2023 and Section 66E of the Information Technology Act.

3. The prosecution case, in short, is that

applicant with the intention and premeditation to sexually

assault the de facto complainant, developed intimacy with

her through mobile phone conversations, promised to

marry her, and acting on that promise, on 28/02/2025,

called her to a home stay at Santhanpara Village where at

about 4 am, he allegedly forced her and committed sexual

intercourse; thereafter, on 18/03/2025, 18/04/2025,

20/06/2025, 28/07/2025, 08/08/2025 and 26/10/2025, he

subjected her to repeated penetrative sexual assault at the

same home stay during the early morning hours, taking BAIL APPL. NO. 593 OF 2026

2026:KER:11593

nude photographs of her on his mobile phone; and

subsequently, on 18/11/2025, after midnight, he again

committed penetrative sexual assault at Venkateswara

Hotel, Tirunelveli, Tamil Nadu, later withdrew from the

promise of marriage and thereby committed the aforesaid

offences.

4. I have heard Sri. Biju C Abraham, the

learned counsel for the applicant and Sri. M.C.Ashi, 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 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. A perusal of the FIS would show that the BAIL APPL. NO. 593 OF 2026

2026:KER:11593

applicant and the victim fell in love and they had sexual

intercourse several times at a home stay where the victim

resided. According to the victim, she consented for sex,

since the applicant promised to marry her. The FIR in this

case was registered on 16.12.2025. However, Annexure 1

would show that on 24.10.2025, the applicant had filed a

complaint before the Udumbanchola Police against the

victim alleging that, she has been harassing him

demanding money. Thereafter, a similar complaint was

given by the father of the applicant on 19.11.2025, as

evident from Annexure 2. The present complaint which led

to the registration of the crime was filed by the victim after

Annexures 1 and 2 complaints. For these reasons, I am of

the view that this is a fit case where pre-arrest bail can be

granted to the applicant. However, there is a specific

allegation that the applicant photographed and recorded

the nude body of the victim in his mobile phone. It is

submitted by the learned Senior Public Prosecutor that, the

seizure of the said phone is absolutely necessary for the

proper investigation of the case. Hence, among other BAIL APPL. NO. 593 OF 2026

2026:KER:11593

conditions, the applicant should be directed to surrender

the mobile phone before the Investigating Officer.

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 16.02.2026 at 10:30 a.m. He shall

surrender his mobile phone before the investigating officer.

The investigating officer is also free to take the applicant

for medical examination and potency test.

(iv) The applicant shall appear before the

investigating officer between 10.00 a.m. and 11.00 a.m. BAIL APPL. NO. 593 OF 2026

2026:KER:11593

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