Jafsal vs State Of Kerala
2026 Latest Caselaw 2396 Ker

Kerala High Court

Jafsal vs State Of Kerala on 30 March, 2026

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                                              2026:KER:28247


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

            THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

     MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948

                      BAIL APPL. NO. 1657 OF 2026

      CRIME NO.1335/2025 OF TIRUR POLICE STATION, MALAPPURAM


PETITIONER/SOLE ACCUSED:

            JAFSAL
            AGED 27 YEARS
            PARAPPURATH HOUSE, NORTH ANNARA, TIRUR P.O,
            MALAPPURAM, PIN - 676101


            BY ADVS.
            SRI.NIRMAL V NAIR
            SMT.ENCIL K. SABU
            SMT.SERIN SARA JOHN



RESPONDENT/STATE:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            HIGH COURT P.O., KOCHI, PIN - 682031


            SRI.K.A. NOUSHAD, SR. PUBLIC PROSECUTOR


     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
30.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.1657 of 2026
                                        -2-


                                                            2026:KER:28247




                                   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.1335/2025 of Tirur Police Station, Malappuram District. The

offences alleged are punishable under Sections 127(2), 64(1),

64(2)(m) and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The victim and the applicant are relatives. The

prosecution case, in short, is that that the victim got married to

another person on 25-5-2025. Before her marriage, the victim

had been in a relation with the applicant who was a

photographer. On one day in 2024, the applicant had picked the

victim from her college, taken her to a mall in Tirur on the

pretext of talking with her, took the victim to a dressing room in

the mall, and committed rape by promising to marry her. The

applicant had taken photographs of the victim at such time and

thereby committed the offences.

4. I have heard Sri.Nirmal V.Nair, the learned counsel

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for the applicant and Sri. K.A.Noushad, 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 applicant is aged 27 years and the victim is aged

19 years. A reading of the FIS would show that in the year

2024, they were in love and the relationship turned to be a

physical relationship. According to the victim, she was sexually

assaulted by the applicant twice in a dressing room at a mall

after giving promise of marriage. The alleged first incident took

place before the marriage of the victim in the year 2024 and

the second incident took place after her marriage in June, 2025.

Though the victim says that it was a forceful sexual act, the

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entire story put forward by the victim coupled with the fact that

both the incidents occurred in a dressing room in a mall, it

appears that they were consensual in nature. It is pertinent to

note that the first incident took place prior to the marriage of

the victim and she did not lodge any complaint. On the other

hand, ever after the marriage of the victim with another person,

she continued her relationship with the applicant and again, had

physical relationship with him. In the FIS, it is stated that the

husband of the victim came to know about their relationship

and got separated from her. Then, the brother of the victim

approached the applicant to marry her. But the applicant was

not willing. It was thereafter, the complaint pertaining to the

present crime was preferred by the victim. 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

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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 SKP