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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the sole accused in Crime No.1602/2026 of Fort Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 69, 89, 77 and 115(2) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the applicant, with deceitful means, made a promise to marry the victim without any intention of doing so and had sexual intercourse with her on different dates, i.e., on 13.03.2025, 26.03.2025, 27.03.2025 in a lodge named Teekey International Lodge, Secretariat, and also on 04.04.2025 in KK Residence Cottage at Ernakulam. After having sexual intercourse with the victim, the applicant took nude pictures of the victim and when she became pregnant, the applicant forced her for an abortion and in consequence of it, the applicant without the consent of the victim caused miscarriage in Pristy n Care Hospital and thereby committed the above offences.
I have heard Sri.P.A.Martin Roy, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 23.08.2026. A reading of the First Information Statement would show that the applicant and the victim were in a love relationship and they had consensual sexual intercourse. According to the victim, she consented to sexual intercourse since the applicant promised to marry her. Later, he withdrew from the marriage. However, Annexure A8, the Marriage Certificate produced by the applicant, would show that the applicant has married the victim. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail 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 jurisdictional Magistrate/Court.
The applicant shall fully co-operate with the investigation.
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.
The applicant shall not commit any offence of a like nature while on bail.
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.
The applicant shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.