[Cites 2, Cited by 0]
Kerala High Court
Amal K. Chandran vs State Of Kerala on 30 January, 2026
Author: Kauser Edappagath
Bench: Kauser Edappagath
B.A.No.14051/2025
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2026:KER:7875
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
BAIL APPL. NO. 14051 OF 2025
CRIME NO.1203/2025 OF Kalamassery Police Station, Ernakulam
PETITIONER/ACCUSED:
AMAL K. CHANDRAN,
AGED 28 YEARS
S/O CHANDRAN, KANIYAMPARAMBIL HOUSE, PARATHODU P.O,
PARATHODU, ADIMALY, PIN - 685571
BY ADVS. SMT.SREELAKSHMI SABU
SHRI.MUHAMMED FAHIZ
RESPONDENT/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADVS. SHRI.NIDHEESH T.P
SMT.SWETHA P. DILEEP
SRI.M.C.ASHI, SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.14051/2025
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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 accused in Crime
No.1203/2025 of Kalamassery Police Station, Ernakulam District.
The offences alleged are punishable under Section 376(2)(n) of the
IPC and Section 69 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the
applicant sexually assaulted the victim on several occasions right
from 2022, after giving a false promise of marriage, later on
retracted from the promise and thereby committed the offences.
4. I have heard Smt. Sreelakshmi Sabu, the learned
counsel for the applicant, Sri. M.C. Ashi, the learned Senior Public
Prosecutor and Sri. Nidheesh T.P., the learned counsel for the
respondent No.2. 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;
2026:KER:7875
hence, he is entitled to bail. The learned 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 28 years and the victim is
aged 27 years. Both of them were working at Lulu Mall, Edappally.
Admittedly, they were in love since 2022. A reading of the FIS
would show that on several occasions, both of them stayed
together in different hotels and had sexual intercourse. According
to the victim, she consented for the same induced by the promise
given by the applicant that he would marry her. The last incident
alleged was on 13.5.2025. The FIR was lodged on 22.9.2025.
Four days prior to that, i.e., on 17.9.2025, the applicant has given
Annexure A3 complaint against the victim before the police. It was
thereafter, the FIS was given by the victim. That apart, Annexure
A4 WhatsApp chat between the applicant and the victim raises
suspicion about the story of false promise of marriage projected by
the victim. 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.
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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 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.
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(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
kp
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APPENDIX OF BAIL APPL. NO. 14051 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIR NO. .... OF 2025
OF ... POLICE STATION
Annexure A2 TRUE COPY OF THE ORDER DATED 29-10-2025
IN CRLMP NO. 8289 OF 2025 OF THE SESSIONS
COURT, PATHANAMTHITTA
