Vineesh Surendran vs State Of Kerala

Dr. Kauser Edappagath, J

This application  is  filed  under Section 483  of the  Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular bail.

The applicant is the sole accused in Crime No.280/2026 of  Kuravilangadu  Police  Station,  Kottayam District.  The  offences alleged are punishable under Sections 331(4), 63, 63(a), 63(b), 63(d)(vi), 63(d)(vii), 64(2)(m), 65(1), 69, 74 and 75(1)(ii) of the Bharatiya Nyaya Sanhita, 2023 and Section 4(2) read with Section 3(a), Section 6 read with Section 5 and Section 8 read with Section 7 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case, in short, is that the applicant met the  victim  through  Instagram,  developed  a relationship  with  her, sexually assaulted her repeatedly and thereby committed the aforesaid offences.

I  have heard Sri.Irfan Ziraj, the learned counsel for the applicant and Smt.Sreeja V., the learned Senior Public Prosecutor. Even though notice has been served to the victim, there is no appearance. 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  Senior 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 01.03.2026. The investigation is almost over. The applicant is aged  28  years  and  the  victim  is  aged  18  years.  A reading  of  the FIS would show that they met through Instagram and they fell into a relationship. The FIS would further show that on several occasions they had physical relationship. Though it is alleged that those physical relationships were forceful in nature, it appears that there was an element of consent. It is also seen that the last physical relationship between them was caught by the mother of the  victim,  and  it  was  thereafter  that  the  crime  was  registered. The applicant has no criminal antecedents. 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: -

(i) 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.

(ii) The applicant shall fully co-operate with the investigation.

(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 the bail  conditions  or  cancellation  of  bail  on  the  grounds  of  violating the bail conditions shall be filed at the jurisdictional court.