Kerala High Court Grants Bail to Accused in High-Profile Murder Case
Despite serious allegations, bail granted due to accused's young age, lack of criminal antecedents, and long custody duration
In a significant judgment, the Kerala High Court, under the esteemed Mr. Bechu Kurian Thomas, J., has granted bail to Anoop K.M, who was embroiled in a contentious murder case involving the alleged assault and subsequent death of a 19-year-old woman. The case, registered under Crime No. 82 of 2025 at Chottanikkara Police Station, accused Anoop of multiple offences under sections of the Bharatiya Nyaya Sanhita, 2023.
The incident, which occurred on the night of January 25, 2025, involved accusations of Anoop trespassing into the victim's house, allegedly outraging her modesty, attempting sexual assault, and subsequently assaulting her with a hammer when she resisted. The prosecution painted a grim picture of events leading to the victim's attempted suicide, which Anoop allegedly interrupted by cutting the hanging rope, before smothering her, resulting in her death.
Anoop's counsel argued vigorously that the allegations were unfounded and that Anoop and the victim shared a romantic relationship. Moreover, the medical report did not indicate any recent sexual assault, nor were there injuries consistent with homicidal violence. The defense highlighted the victim's sensitive nature and history of emotional instability, suggesting the injuries were self-inflicted or accidental.
Despite the prosecution's insistence on the gravity of the accusations, Justice Bechu Kurian Thomas considered several factors in granting bail. These included Anoop's young age, the absence of serious criminal antecedents, the completion of the investigation, and the prolonged custody duration of over nine months. The court acknowledged the serious nature of the allegations but emphasized the lack of immediate trial prospects and the need for Anoop's liberty.
The High Court's decision was guided by precedents from the Supreme Court, which underscore considerations such as the seriousness of the offence, evidence character, and the accused's circumstances. Anoop's release on bail is contingent upon strict conditions, including a bond of Rs.50,000, cooperation with the trial, and prohibitions against influencing witnesses or committing similar offences.
Justice Thomas's order reiterates that the observations made are exclusive to the bail application and will not affect the trial proceedings. The judgment underscores the balance between legal principles and humanitarian considerations in judicial decision-making.
Bottom Line:
Bail in non-bailable offences - Considerations for granting bail include the nature and seriousness of the offence, evidence, custody duration, and factors like the accused's age and lack of serious antecedents.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483; Bharatiya Nyaya Sanhita, 2023 Sections 333, 76, 64, 105, and 115(2)
Anoop K.M v. State of Kerala, (Kerala) : Law Finder Doc Id # 2793755
