Latest news with #BechuKurianThomas
Time of India
10-07-2025
- Time of India
IB officer accused in case related to woman colleague's death gets bail
Kochi: The Intelligence Bureau (IB) officer who is the sole accused in the case related to the death of a 24-year-old female IB officer has been granted bail by high court. Justice Bechu Kurian Thomas allowed his bail petition and directed that he be released on executing a bond for Rs 50,000 with two solvent sureties each for the like amount. HC also directed him to file an affidavit providing details of his mobile number and residential address. According to prosecution, the woman officer, employed with the Bureau of Immigration at the Trivandrum International Airport, was found dead near the railway tracks at Chakka Railway Bridge in Thiruvananthapuram on March 24. Her family alleged that the accused officer had sexually assaulted her and defrauded her of around Rs 3.5 lakh. The investigation revealed that she had been living with the accused, who was simultaneously involved in relationships with other women. The deceased had been transferring her entire salary to him since Oct 2024. In his plea, the accused submitted that he had surrendered before the investigating officer on May 27 and had been in custody for 44 days, and that further custody was unnecessary. The public prosecutor and the defacto complainant — the victim's mother — opposed the plea, contending that the accused was absconding during the initial phase of investigation and may do so again if released. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Brain tumor has left my son feeling miserable; please help! Donate For Health Donate Now Undo However, HC noted that the main purpose of the investigation had already been carried out, and his mobile phone had been recovered, with its data sent for forensic analysis. While the petitioner is alleged to have sexually exploited the woman under a false promise of marriage and abetted her suicide, HC held that there was no likelihood of him tampering with evidence. Accordingly, bail was granted.
Time of India
10-07-2025
- Time of India
Courts should exercise caution when dealing with rape charges in consensual relationship: Kerala HC
Kochi: High court has stated that courts must exercise caution when two young individuals engage in a consensual physical relationship and a rape allegation is later made regarding their union. Tired of too many ads? go ad free now Refusing bail blindly in such cases, without considering the surrounding circumstances, can lead to injustice and irreparably damage a young person's life. Justice Bechu Kurian Thomas made these observations while allowing a petition filed by a 27-year-old man from Malappuram seeking pre-arrest bail in a rape case. The allegation against the petitioner was that he had raped a 23-year-old married woman from Thiruvananthapuram, who is also a medical student, in a hotel room near Thamarassery in 2024. The complainant, who currently lives separately from her husband, became acquainted with the petitioner through Instagram, and their relationship continued through a messaging platform. Under the pretext of returning home for study leave, she boarded a train to Kozhikode on Nov 3, 2024, where the petitioner picked her up. Together, they travelled to Wayanad. Enroute, they checked into a hotel near Thamarassery and spent the night there. The following day, they travelled to Tirur and stayed at another hotel. On Nov 5, 2024, she returned to Thiruvananthapuram. The complaint was filed on April 4, 2025, which the petitioner claimed was due to a breakdown in their relationship. Upon reviewing the case records, the bench noted that the complainant had gone to meet the petitioner of her own volition and had willingly stayed with him in two different hotels. Tired of too many ads? go ad free now There was nothing prima facie to suggest rape, except for a bare allegation that the petitioner had engaged in a forceful sexual relationship with her. The court observed that when a married woman voluntarily travels from Thiruvananthapuram to Kozhikode and stays with the petitioner in different lodges over two nights, it cannot be assumed that the physical relationship between them lacked consent. A consensual relationship turning sour at a later stage cannot be a valid ground to allege rape. HC also pointed out that there could be no claim of consent obtained under a false promise of marriage, as the complainant remains in a subsisting marriage. HC emphasized that rape is a heinous crime, and such an allegation, once made, can severely affect a young person's life. The stigma of such an accusation may persist even after an acquittal. If the accused is arrested and remanded before being found guilty, the damage may be irreversible. Therefore, courts must exercise caution in such cases. Allowing the bail petition, HC held that courts cannot remain unmindful of the changing social milieu when considering bail applications filed by young individuals accused of rape following a consensual relationship.
Time of India
03-07-2025
- Time of India
Married woman can't level ‘false promise of marriage' allegation: Kerala HC
Kochi: High court has stated that a married woman cannot claim that she was induced into sexual relations on the false promise of marriage. The bench of Justice Bechu Kurian Thomas made the observation while granting bail to an accused in a case where he allegedly sexually assaulted a married woman on the pretext of marriage, threatened to publish her photos and videos, and borrowed a total sum of Rs 2.5 lakh. Tired of too many ads? go ad free now Counsel for the petitioner/accused contended that the victim is a married woman and, therefore, there cannot be sexual intercourse based on a promise to marry. He further submitted that a reading of the FIR indicates that the case is primarily based on a financial claim and the allegation of rape on the promise of marriage has been raised only to compel the petitioner to yield to her unlawful demands. The petitioner was arrested on June 13 and has been in custody since. Upon perusal of the records and previous decisions of the court, the bench observed that it is prima facie doubtful whether the offence under Section 69 of the Bharatiya Nyaya Sanhita (BNS) is attracted, as a promise to marry cannot arise when one of the parties is already in a subsisting marriage. Additionally, the offence under Section 84 BNS, pertaining to enticing, taking away, or detaining a married woman with the intent to have illicit intercourse, is bailable, and therefore, the continued detention of the petitioner is not warranted, the court noted. Further, the court granted him bail on execution of a bond for Rs 50,000 with two solvent sureties each for the like amount, to the satisfaction of the court having jurisdiction.
India Today
03-07-2025
- India Today
Relationship end not reason to allege rape: Kerala High Court warns of law misuse
The Kerala High Court, while granting anticipatory bail to a man accused of rape, observed that a failed relationship cannot be grounds for such court was hearing the anticipatory bail of a 27-year-old man booked under Section 64(1) of the Bharatiya Nyaya Sanhita (punishment for rape) for allegedly raping a married woman. The third-year medical student, as reported by Bar and Bench, filed a complaint five months later, stating that the accused raped her in a hotel near Thamarassery in Kozhikode district on November 3 and 4, petitioner sought anticipatory bail in a rape case, claiming the complaint stemmed from a consensual relationship that soured over time. On examining the woman's statements, the court found that she had voluntarily travelled from Thiruvananthapuram to Kozhikode and stayed with the petitioner in different lodges for two nights. It also noted that she had maintained regular contact with him on Instagram and High Court concluded that there was no prima facie case of rape. 'It cannot be assumed that the physical relationship was without her consent. Merely because a consensual relationship turned sour at a later point of time, it cannot be a reason to allege rape,' said Justice Bechu Kurian Thomas. 'Further, there cannot be a case of deceitfully obtaining consent under a false promise of marriage as the de facto complainant is still in a subsisting marriage.'advertisementJustice Thomas added that arrest and remand should not become tools of punishment when a romantic relationship turns sour.'Courts must be cautious when two young people enter into a willing physical relationship and later rape is attributed to their union. Refusing bail blindly in such cases, without considering the circumstances, can lead to injustice and destroy the young personality,' the judge added, while granting High Court underlined that legal protection must be preserved against false or exaggerated charges:'When a married lady, on her own volition willingly stayed with the petitioner in different lodges... it cannot be assumed that the physical relationship between them was without her consent.'Finding no need for custodial interrogation, the Court granted anticipatory bail with conditions: the petitioner must appear before the Investigating Officer, refrain from contacting the complainant, and avoid tampering with evidence.- Ends
New Indian Express
02-07-2025
- New Indian Express
Rape charge cannot stem from failed consensual relationship: Kerala HC
KOCHI: The Kerala High Court has observed that merely because a consensual relationship turns sour at a later stage, it cannot form the basis of a rape allegation. The court further stated that there cannot be a case of deceitfully obtaining consent under a false promise of marriage if the complainant is still in a subsisting marriage. Justice Bechu Kurian Thomas made the observation while granting anticipatory bail to a 27-year-old man from Malappuram, who was accused in a rape case registered by the Thamarassery police. According to the prosecution, the accused had raped a third-year student of a private medical college between 3 November 2024 and 4 November 2024 at a hotel near Thamarassery. The counsel for the petitioner argued that the allegations were false and that a consensual relationship had been converted into a rape case without any basis, merely because the relationship later deteriorated. The court noted that the complainant's statement revealed she is a third-year student at a private medical college and had been married in 2023, a marriage that is still subsisting, though the couple had decided to part ways. The complainant stated that, in the meantime, she became acquainted with the petitioner through Instagram, and their relationship continued through a platform called Snapchat. Later, according to the complainant herself, under the pretext of returning home for study leave, she took a train to Kozhikode, where she was picked up by the petitioner.
