The Kerala High Court on Wednesday (September 17, 2025) granted bail to a 32-year-old man accused of sexually exploiting a divorced woman after allegedly making false promises of marriage. heard the bail plea and delivered the order the same day.
Background
The case stems from Crime No. 1048/2025 registered at Mangalapuram Police Station in Thiruvananthapuram. According to the prosecution, Vishnu, the accused, developed a relationship with the complainant, a woman with a seven-year-old child, whom he first met in 2023 at his gym.
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Their relationship, the complaint says, grew intimate on the assurance of marriage. The woman alleged that the accused even spoke about taking her to Canada. However, by August this year, he allegedly began distancing himself and eventually blocked her on his phone. The FIR invokes sections 69, 74, and 115(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, which deal with sexual offences and related misconduct. Vishnu was arrested on August 31, 2025, and has been in judicial custody since then.
Court's Observations
During the hearing, the defense argued that the petitioner had already spent more than two weeks in custody and should be granted bail. The prosecution, represented by the Public Prosecutor, opposed the plea, pointing to the seriousness of the allegations.
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The bench, however, placed weight on the woman’s statement itself. Justice Thomas noted that the complainant is a divorcee and that the relationship lasted nearly two years.
"A reading of the statement prima facie indicates that there was a consensual relationship between the petitioner and the victim," the judge remarked.
The court referred to recent Supreme Court rulings, including Prashant v. State of NCT Delhi (2024) and Amol Bhagwan Nehul v. State of Maharashtra (2025), which held that consensual relationships turning sour later cannot automatically be equated with rape or sexual exploitation.
The bench observed,
Merely because a relationship between a couple has turned sour and the marriage did not take place are not reasons to assume that the offence of rape was committed," the order reads.
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Decision
Relying on these precedents, Justice Thomas concluded that further custody of the accused was unnecessary at this stage. The court granted bail with strict conditions, including a personal bond of ₹50,000 with two solvent sureties. Vishnu has also been directed not to intimidate witnesses, tamper with evidence, or commit similar offences. Additionally, he cannot leave India without prior court permission.
With this, the Kerala High Court made it clear that while the investigation will continue, the accused’s prolonged incarceration was not justified under the circumstances. The order ends with a caution that if any of the bail conditions are violated, the trial court has the liberty to take appropriate action, including cancellation of bail.
Case Title: Vishnu v. State of Kerala
Case No.: Bail Application No. 11668 of 2025
