Court cites lack of evidence for sexual assault, grants bail in Chottanikkara Case

Kerala HC Grants Bail to Man in Death Case

The Kerala High Court recently granted conditional bail to a 26-year-old man, Anoop KM, accused of causing the death of his 19-year-old girlfriend in Chottanikkara. The victim allegedly died after being smothered following a confrontation with Anoop, who had reportedly attempted to sexually assault her.
Justice Bechu Kurian Thomas observed that the medical and post-mortem reports did not indicate any forced sexual act. Most injuries appeared minor or were linked to the victim&rsquo;s attempted hanging, leading the court to conclude that there was insufficient evidence to support the charge of sexual assault. "The medical report does not indicate any recent sexual assault. Prima facie, there is no material to suggest sexual assault on the victim," the court noted. <img src="https://media.assettype.com/barandbench/2022-06/280d93b2-c6df-42c6-8133-5ae8c8584883/Justice_Bechu_Kurian_Thomas.jpg?w=1536" alt="Image" width="300" height="250"> 
Anoop, who was arrested on January 29 and had been in custody for over nine months, was booked under multiple sections of the Bharatiya Nyaya Sanhita (BNS), including house trespass, assault, rape, culpable homicide not amounting to murder, and voluntarily causing hurt.
According to the prosecution, Anoop allegedly entered the victim&rsquo;s home on January 25, confronted her about an alleged relationship with another man, attempted penetrative sexual relations, and smothered her after she resisted and tried to hang herself. He then left her without seeking medical help.
The accused argued that the incident occurred during a minor quarrel in a consensual relationship, and the injuries were either self-inflicted or accidental while he tried to save her. The court noted contradictions between the prosecution&rsquo;s claims and the medical evidence, particularly questioning the accused&rsquo;s intent to kill, since he first cut the rope during her suicide attempt before allegedly smothering her.
Considering Anoop&rsquo;s young age, lack of criminal antecedents, prolonged custody, and completion of the investigation, the court allowed his release on bail under strict conditions. Advocates Navaneeth N Nath, Abhirami S, and Abdul Latheef PM represented the petitioner, while Public Prosecutor Noushad KA appeared for the state.
The case has attracted attention for the court&rsquo;s reliance on medical evidence over the prosecution&rsquo;s narrative in determining bail, highlighting the complexities in cases involving both alleged assault and death under contentious circumstances.

13 ઑક્ટોબર, 2025 | 19:01 IST

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