Sameer Ibrahim v. State of Kerala

Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482 – Pre-arrest Bail – Rape Allegation – Consensual Relationship.

2025 KER 45498 : 2025 (6) KLR 245 : 2025 KLT OnLine 2232
Kerala High Court
Bechu Kurian Thomas, J.
B.A. No. 7200 of 2025, 24 June 2025

Petitioner accused of rape under Section 64(1) of Bharatiya Nyaya Sanhita, 2023. Allegation based on complaint filed five months after alleged incident. De facto complainant, a married woman, voluntarily traveled from Thiruvananthapuram to Kozhikode, stayed with petitioner in hotels for two nights. Court found prima facie evidence of consensual relationship, no indication of deceitful promise of marriage as complainant was in subsisting marriage.

Held: Allegations of rape not substantiated; consensual relationship turning sour cannot justify criminal proceedings. Pre-arrest bail granted with conditions, including limited custody for interrogation.

Amol Bhagwan Nehul vs. State of Maharashtra [2025 SCC Online SC 1230], Prashantht v. State of NCT of Delhi [2024 INSC 879], Ashok Kumar v. State of Union Territory Chandigarh [2024 SCC OnLine SC 2741], Sushhila Aggarwal v. State (NCT of Delhi) [(2020) 5 SCC 1] relied upon.

For Petitioner: Advs. P. Abdul Nishad; Najma Thabsheera T.; K.C. Mohamed Rashid & Ajisha M.S.

For Respondents : Adv. Sreeja V. (Government Pleader)

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