Kerala High Court Allows Bail Plea Moved By CGC Accused Of Sexually Assaulting Colleague

The Kerala High Court on Friday allowed the bail application moved by Central Government Counsel Navneeth N Nath in a sexual assault case lodged against him by his colleague. 

Justice Bechu Kurian Thomas granted bail subject to some conditions observing that although the offences alleged against him are serious, it was improbable that he would flee from justice since he is stated to be a central government counsel. 

"It can be appreciated that though the offences alleged against the petitioner are very serious, still, the possibility of him fleeing from justice is remote especially since he is stated to be a Central Government Counsel. The further factors like the arguable points on the merits of the case, the absence of criminal antecedents of the petitioner, the absence of the requirement of any further recovery, and the fact that the investigation is practically completed, all lean in favour of the petitioner being released on bail."

The Court also clarified that the observations made in the order are purely for the purpose of considering the bail application and shall not have any effect on the merits of the case in any other proceeding. 

The petitioner was arrested last month under Sections 376(2)(n) and 313 of the Indian Penal Code, after a sexual abuse complaint was lodged against him by a colleague who alleged that he sexually abused her, enticing her with a false promise of marriage.

The complainant had contended that they were in a relationship over the last 4 years. However, she found that he was getting married to another woman upon stumbling upon him and his fiancee at a hotel. The complainant allegedly attempted suicide soon after this by slitting her wrist and was hospitalised immediately. 

The prosecution further alleged that during the course of the investigation it was revealed that the victim was forced to undergo two miscarriages at the instigation of the petitioner and hence section 313 IPC was also incorporated.

The incident came to light when she gave a statement to the police officers explaining the reason behind her suicide attempt. Accordingly, the petitioner was arrested. Seeking regular bail in the case, the petitioner approached the High Court. 

When the matter was taken up yesterday, the Court made significant observations on the evolving nature of relationships among young adults today. The Judge added that this change in relationships has led to an increasing number of rape allegations being raised after these couples break up and marry others. However, this does not always imply that one of the partners was forced into having a sexual relationship on a false promise to marry.

It was emphasised that rape charges will not be attracted against a man merely because the relationship between him and a woman turned sour over time. Justice Thomas highlighted that in such cases, the crucial aspect to be considered was whether consent for sexual intercourse was obtained on the promise of marriage.

The Court also noted that in the FIS, there was no indication that the woman indulged in sex only with the belief that he was going to marry her. 

Senior Advocate Ramesh Chander instructed by Advocate C.P. Udayabhanu appearing for the petitioner argued that he intended to marry the de facto complainant and that the sexual relationship between them was completely consensual.

On the other hand, Advocate John S Ralph appearing for the de-facto complainant had submitted that their sexual relationship was based on an absolute promise to marry which has now proved to be false.

The Public Prosecutor had also opposed the application citing that whatever consent was obtained was based on a misconception of facts and that the offence of rape will be attracted in this case.

Case Title: Navaneeth N Nath v State of Kerala

Citation: 2022 LiveLaw (Ker) 335

Click Here To Read/Download The Order