Unnikrishnan vs The State Of Kerala & Anr.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.

The applicant is the sole accused in Crime No.217/2025 of Kottayam West Police Station, Kottayam District. The offences alleged are punishable under Sections 376 and 376(2)(n) of the Indian Penal Code, 1860 and Section 69 of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that the applicant deceitfully promised to marry the victim, knowing that she is a widow, without any intention to fulfill the same, subjected her to sexual intercourse on several occasions at different places in between 11.09.2023 and 17.09.2024 and thereby committed the offences.

I have heard Sri. S.Rajeev, the learned counsel for the applicants and Sri. Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary. The victim appeared in person.

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. 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.

The applicant is aged 28 years and the victim is aged 33 years. The applicant is at present abroad. The victim is a lawyer by profession and a widow. She is having a son. The applicant is a bachelor. A reading of the FIS would show that the applicant and the victim fell in love and they had sexual intercourse on several occasions at various places. According to the victim, she consented for sex since the applicant promised that he would marry her, but later the applicant withdrew from the marriage. There are prima facie allegations to attract the offences alleged against the applicant. A look out notice has been issued against the applicant. Therefore, I am of the view that a blanket pre-arrest bail cannot be granted against the applicant.

The learned counsel for the applicant submitted that the applicant is prepared to come to India and co-operate with the investigation.

After hearing the learned counsel for the applicant as well as the victim, I am of the view that this bail application can be disposed of, granting permission to the applicant to appear before the Investigating Officer on the following terms and conditions: