Kochi, June 26, 2025:
The Kerala High Court has issued notice to the State Government seeking its response on a plea demanding the cancellation of bail granted to an advocate accused of raping a woman under the pretext of marriage. The development comes after the complainant approached the High Court, alleging that the accused had misused his legal profession to exploit her and was now influencing witnesses and obstructing the course of justice.
Petitioner’s Allegations: Misuse of Bail Conditions
The plea, filed by the survivor, contends that the accused a practicing lawyer in Ernakulam had coerced and sexually assaulted her multiple times over several months by making false promises of marriage. According to the petition, the accused obtained bail from a lower court earlier this year and has since been violating the bail conditions by:
• Threatening and intimidating witnesses
• Attempting to tamper with digital and documentary evidence
• Using his professional influence to obstruct the investigation
The petitioner also raised serious concerns about her safety and mental trauma, urging the High Court to revoke the bail in the interest of justice.
Court’s Observations
During the brief hearing, the single-judge bench of Justice A. Badharudeen observed that the matter raised serious concerns of interference with the justice delivery system and warranted the State’s reply before passing any direction. The Court issued notice to the State and the accused and posted the matter for detailed hearing in July 2025.
The judge also noted that allegations of misuse of liberty granted under bail must be thoroughly examined, especially when made by a survivor in a case involving sexual violence.
State’s Role & Legal Background
The State Prosecutor has been directed to file a status report on the progress of the investigation and provide clarity on whether the accused has breached any bail conditions. The original bail was granted by a Sessions Court, which had imposed standard conditions, including non-interference with witnesses and no communication with the complainant.
Under Indian law, Section 439(2) of the Criminal Procedure Code (CrPC) empowers the High Court or Sessions Court to cancel bail if the accused is found misusing the liberty granted.
