Kerala HC grants anticipatory bail to man accused of raping wife before marriage, calls it consensual; warns against misusing criminal law in matrimonial disputes.
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KERALA: The Kerala High Court Justice Bechu Kurian Thomas, in his ruling dated June 26, 2025, granted anticipatory bail to a man and his parents who were booked in a rape and harassment case following a complaint by the man’s estranged wife.
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Background
The complainant alleged that the man had coerced her into a sexual relationship in September 2016, four months before their marriage in January 2017, which led to a pregnancy.
She further claimed that after their marriage, she was subjected to mental and physical harassment by her husband and in-laws, particularly in connection with a piece of land (20 cents) that had been transferred to her by the husband’s mother.
Additional allegations included continued sexual harassment during the marriage, as well as the seizure of her gold ornaments and educational certificates.
The accused denied all allegations and contended that the criminal proceedings were being misused to gain leverage in an ongoing matrimonial dispute. The husband had already initiated divorce proceedings in May 2025, alleging that the wife was involved in an extramarital relationship.
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Court’s Observation
The Court took note of the fact that the rape allegation related to a period before the marriage and was raised only after eight years of marital life and the initiation of divorce proceedings.
Justice Thomas observed that the allegations appeared to be the result of a marital dispute, cautioning that the criminal justice system should not be used as a tool to settle personal scores in matrimonial matters.
He stated that
“Circumstances indicate that the attempt is to convert a consensual relationship into rape. When attempts are made to compel the parties to yield to their demands in a matrimonial dispute, recourse to criminal proceedings would defeat the interest of justice especially if custodial interrogation is permitted. Hence, I am satisfied that this is a fit case where petitioners ought to be granted pre-arrest bail, however, subject to conditions.“
Concluding that the circumstances did not warrant custodial interrogation of the accused, the Court granted them anticipatory bail, subject to conditions, including full cooperation with the ongoing investigation.
Appearance for Petitioner (husband & in-laws):
Advocates Basil Chandy Vavachan, Georgie Simon, Charutha Bhaiju, Chandhana Bhaiju, Basil Sajan, Fathim Navas, Kavya Rani Jayaprakash, Lekshmi Priya V, Muhammed Shuhaib AS, and Basil Scaria.
Appearance for State:
Public Prosecutor Sreeja V
Case Title: XXXX v State of Kerala & anr.
BAIL APPL. NO. 7877 OF 2025
READ ORDER HERE
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