Kerala High Court grants bail to man accused of sexually assaulting and smothering his girlfriend

The Kerala High Court recently granted bail to a 26-year-old man accused of smothering his 19-year-old girlfriend to death after sexually assaulting her at her house in Chottanikkara [Anoop KM v State of Kerala].

Justice Bechu Kurian Thomas observed that, prima facie, there was insufficient evidence to establish the charge of sexual assault against the accused as the medical and post-mortem reports did not indicate any forced sexual act and most injuries appeared minor or related to the victim's attempted hanging.

"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 observed.

Thus, while noting that the allegations against the accused were serious, the Court granted him conditional bail, considering his young age, his custody of over 9 months and the remote possibility of immediate trial.

"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 Court said.

The accused, Anoop KM, was arrested by the Chottanikkara Police on January 29.

He was booked under Sections 333 (house-trespass after preparation for hurt, assault, or wrongful restraint), 76 (assault or use of criminal force against a woman with the intent to disrobe her), 64 (punishment for Rape), 105 (punishment for culpable homicide not amounting to murder), and 115(2) (punishment for voluntarily causing hurt) of the Bharatiya Nyaya Sanhita (BNS).

According to the prosecution, he had trespassed into the victim's house on January 25, and after a confrontation about her alleged relationship with another man, he attempted to have penetrative sexual relations with her.

She resisted and tried to hang herself but Anoop, after cutting the rope and bringing her down, allegedly assaulted her with a hammer and smothered her, leaving her unconscious.

He then left her in that condition without seeking any medial aid. She later succumbed to her injuries.

Anoop approached the Kerala High Court seeking regular bail where his counsel argued that the petitioner and the deceased victim were in a consensual relationship and the incident occurred due to a minor quarrel and not because of any criminal intent.

The counsel stated that the girl was mentally and emotionally unstable, attempted to commit suicide by hanging during their dispute and the injuries found on her body were either self-inflicted or accidental when the petitioner was trying to rescue her.

Opposing the plea, the prosecution stated that the allegations against the petitioner were serious and he should not be granted bail.

However, the Court noted major contradictions between the prosecution’s version of events and the medical evidence.

It noted that the post-mortem findings did not reveal any signs of forced penetration and the cause of death was recorded as hanging followed by brain death due to smothering.

The Court also found it peculiar that if the accused intended to kill, why did he first cut the rope to save her and then allegedly smothered her, raising serious doubts about his criminal intention to commit murder.

Thus, considering the petitioner's prolonged custody, lack of criminal antecedents and completion of investigation, the Court granted him bail subject to strict conditions.

Advocates Navaneeth N Nath, Abhirami S and Abdul Latheef PM appeared for the petitioner.

Public Prosecutor Noushad KA represented the State.

[Read Order]