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Kerala High Court
Abhijith Jayaram vs State Of Kerala on 11 February, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.530 of 2026
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2026:KER:12386
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 11TH DAY OF FEBRUARY 2026 / 22ND MAGHA,
1947
BAIL APPL. NO. 530 OF 2026
CRIME NO.17/2026 OF KUMILY POLICE STATION, IDUKKI
AGAINST THE ORDER DATED 21.01.2026 IN BA NO.72 OF
2026 OF DISTRICT COURT & SESSIONS COURT/RENT CONTROL
APPELLATE AUTHORITY, THODUPUZHA
PETITIONER(S)/ACCUSED:
ABHIJITH JAYARAM
AGED 23 YEARS
S/O. JAYARAM ALUTHARA HOUSE, CHAKKUPALLAM P.O
6TH MILE, UDUMBANCHOLA TALUK,
IDUKKI DISTRICT, PIN - 685509
BY ADV SHRI.SACHIN RAMESH
RESPONDENT(S)/STATE:
STATE OF KERALA
REPRESENTED BY THEPUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
SMT.SREEJA V., SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 11.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.530 of 2026
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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.17/2026 of Kumily Police Station, Idukki District. The
offences alleged are punishable under Section 376(1) of the
Indian Penal Code, 1860 and Section 69 of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that the
applicant, with the intention and knowledge of subjecting the
defacto complainant to sexual intercourse on the false promise
of marriage, on 01.01.2024 at about 04:00 p.m., brought the
defacto complainant to a house situated near the beach in
Ernakulam District by assuring her of marriage and subjected
her to sexual intercourse. It is further alleged that on another
day after 04.04.2025, the applicant again subjected the
defacto complainant to sexual intercourse at a lodge in
Ernakulam on the promise of marriage, thereby causing injury
to her dignity and mental agony and thereby committed the
aforesaid offences.
4. I have heard Sri. Sachin Ramesh, the learned
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counsel for the applicant and Smt. Sreeja V., 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. The defacto complainant is present before
me. I have interacted with her. She stated that she was in a
relationship with the applicant and they had consensual sex
further times. She states that now she has no grievance
against the applicant. 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:-
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(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 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
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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
Jms
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APPENDIX OF BAIL APPL. NO. 530 OF 2026
PETITIONER ANNEXURES
Annexure A1 COPY OF THE COMPLAINT FILED BY THE
PETITIONER DATED 20/08/2025 BEFORE THE
SHO KUMILY
Annexure A2 COPY OF THE NOTICE ALONG WITH THE
RECEIPT DATED 22/10/2025
Annexure A3 COPY OF THE AFFIDAVIT EXECUTED BY THE
DE-FACTO COMPLAINANT DATED 14/01/2026
Annexure A4 COPY OF THE ORDER DATED 21/1/2026 IN BA
72/2026 BEFORE THE HON'BLE DISTRICT AND
SESSIONS COURT - THODUPUZHA
