The Kerala High Court has given bail to a 26-year-old man accused of assaulting and smothering his 19-year-old girlfriend. The Court said medical reports did not show any signs of sexual assault and found no strong evidence against him.
KOCHI: The Kerala High Court recently grants bail to a 26-year-old man accused of killing his 19-year-old girlfriend in Chottanikkara after allegedly sexually assaulting her. The decision was made by Justice Bechu Kurian Thomas, who found that the medical and post-mortem reports did not clearly support the charge of sexual assault.
The judge observed,
“The medical report of the victim does not indicate any recent sexual assault. In fact, prima facie, there seems to be no material to even suggest any sexual assault on the victim. There were no injuries seen on the private parts of the victim as well.”
The Court noted that even though the case involved serious allegations, there was not enough evidence to prove a forced sexual act. Considering the accused’s age, his nine months in custody, and the slow pace of the trial, the Court decided to grant him conditional bail.
The Court said,
“Though the allegations against the petitioner are serious, still considering the young age of the petitioner, the possibility of commencing the trial immediately being very remote, the opinion in the post mortem report and the report of the medical expert, apart from the period of custody already undergone by the petitioner and the fact that the final report has already been filed, all compel this Court to conclude that further detention of the petitioner is not necessary and he can be enlarged on bail on strict conditions.”
The accused, identified as Anoop K.M., was arrested by the Chottanikkara Police on January 29. He was charged under several sections of the Bharatiya Nyaya Sanhita (BNS), including:
- Section 333 – House-trespass after preparation for hurt or restraint
- Section 76 – Assault or use of criminal force with intent to disrobe a woman
- Section 64 – Punishment for rape
- Section 105 – Culpable homicide not amounting to murder
- Section 115(2) – Voluntarily causing hurt
According to the prosecution, Anoop had entered the victim’s house on January 25 after a fight over her alleged friendship with another man. He reportedly tried to have sexual intercourse with her, but she resisted. Following the confrontation, the girl allegedly tried to hang herself. Anoop then cut the rope to save her but later hit her with a hammer and smothered her, leaving her unconscious. He did not take her for medical help, and she later died of her injuries.
When seeking regular bail from the High Court, Anoop’s lawyer argued that both were in a consensual relationship and the incident happened due to a sudden argument, not with any criminal plan. The lawyer also claimed that the girl was emotionally unstable and that she tried to take her own life. The injuries, according to the defense, were either self-inflicted or caused accidentally when Anoop tried to rescue her.
The prosecution strongly opposed the bail request, saying that the charges were grave and the accused did not deserve release.
However, the Court found contradictions between the prosecution’s version and the medical reports. The post-mortem results did not confirm forced sexual activity, and the cause of death was reported as hanging followed by brain death due to smothering.
The judge also pointed out that it seemed strange that if Anoop really wanted to kill her, he would first save her from hanging and then decide to smother her, which raised questions about his intention to commit murder.
Considering that the investigation was complete, the accused had been in jail for over nine months, and he had no criminal record, the Court decided to release him on bail with strict conditions.
Explanatory Table of Sections
| Section | Provision Title (Simplified) | Explanation in Simple Indian English |
|---|---|---|
| Section 333 | House-trespass after preparation for hurt, assault, or wrongful restraint | Entering someone’s home after planning to hurt, assault, or restrict their movement. |
| Section 76 | Assault or criminal force to woman with intent to disrobe | Using force against a woman to remove her clothes or insult her modesty. |
| Section 64 | Punishment for Rape | Provides punishment for committing rape, including forced sexual intercourse without consent. |
| Section 105 | Culpable Homicide not amounting to Murder | Causing someone’s death without the full intention to kill or without planning to do so. |
| Section 115(2) | Voluntarily causing hurt | Hurting someone intentionally, causing physical pain or injury. |
Case Summary
- Case Title: Anoop K.M. v. State of Kerala
- Court: High Court of Kerala, Ernakulam
- Bench / Judge: Hon’ble Mr. Justice Bechu Kurian Thomas
- Case Number: Bail Application No. 9032 of 2025
- Crime Number: Crime No. 82/2025, Chottanikkara Police Station, Ernakulam
- Order Date: 8 October 2025
- Date of Admission: 23 September 2025
- Petitioner / Accused: Anoop K.M., aged 26 years, S/o Mani, Kuzhipurathu House, Mittayikunnam P.O., Vadayar, Kottayam District, Kerala
- Respondent / State: State of Kerala, represented by Public Prosecutor, High Court of Kerala
- Petitioner’s Counsel: Sri. Navaneeth N. Nath, Smt. Abhirami S., Shri. Abdul Latheef P.M.
- Public Prosecutor: Sri. Noushad K.A.
- Relevant Law Invoked: Section 483 of the Bharatiya Nagarik Suraksha Sanhitha (BNSS), 2023
- Sections Invoked (Bharatiya Nyaya Sanhita, 2023): Sections 333, 76, 64, 105, and 115(2)
- Date of Arrest: 29 January 2025
- Incident Date: 25–26 January 2025
- Court’s Decision: Bail granted with strict conditions
- Conditions: ₹50,000 bond with two sureties; must not intimidate witnesses, leave Kerala without permission, or commit similar offences
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