Kerala High Court
Kunhammad Kallankadi vs State Of Kerala on 26 August, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2025:KER:65186
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 26TH DAY OF AUGUST 2025 / 4TH BHADRA, 1947
BAIL APPL. NO. 10602 OF 2025
CRIME NO.352/2025 OF DHARMADAM POLICE STATION,
KANNUR AGAINST THE ORDER/JUDGMENT DATED 05.08.2025 IN BAIL
APPL. NO.9035 OF 2025 OF HIGH COURT OF KERALA.
PETITIONER:
KUNHAMMAD KALLANKADI.,
AGED 59 YEARS,
S/O KUNHAMMAD KUTTY HAJI KALLAN KANDI HOUSE,
DEVSRKOVIL, KUTTIADY, THALIYIL P.O,
KAYAKKODI VILLAGE, VADAKAA TALUK,
KOZHIKODE, PIN - 673 508.
BY ADVS.
SHRI.AARON ZACHARIAS BENNY
SRI.P.M.RAFIQ
SRI.M.REVIKRISHNAN
SRI.AJEESH K.SASI
SRUTHY N. BHAT
SRI.RAHUL SUNIL
SMT.SRUTHY K.K
SHRI.SOHAIL AHAMMED HARRIS P.P.
SMT.NANDITHA S.
SHRI.K.ARAVIND MENON
SRI.P.VIJAYA BHANU (SR.)
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY, PIN - 682 031.
Bail Appl. No.10602 of 2025
2025:KER:65186
-2-
SRI. P.VIJAYA BHANU (SR.)
SRI. PRASANTH M.P., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Bail Appl. No.10602 of 2025
2025:KER:65186
-3-
BECHU KURIAN THOMAS, J.
--------------------------------------
Bail Appl. No.10602 of 2025
------------------------------------
Dated this the 26th day of August, 2025
ORDER
This application seeking regular bail is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
2. Petitioner is the accused in Crime No. 352 of 2025 of Dharmadam Police Station, Kannur registered alleging offences punishable under sections 354A(1)(i), 376(2)(f), 376(2)(n), 376C and 506 of Indian Penal Code, 1860.
3. According to the prosecution, the accused, who is the Professor and Head of the Department of English at Kannur University, had, on 07.03.2024 and 14.03.2024, took advantage of his authority and dominion over the defacto complainant, who is a Ph.D scholar of the same campus under the accused, subjected her to repeated sexual intercourse and also on 08.04.2024 and 05.06.2024 took her to a hotel at Thalassery and again raped her without her consent and thereby committed the offences alleged. Petitioner was arrested on 18.06.2025 and he has been in custody since then.
4. Sri. P Vijayabhanu, the learned Senior Counsel instructed by Adv.Aaron Zacharias Benny, the learned counsel for the petitioner Bail Appl. No.10602 of 2025 2025:KER:65186 -4- contended that the petitioner has been falsely implicated in the crime with ulterior motives and that the unexplained delay in lodging the complaint itself is an indication of the vexatious nature of the allegations. It was further submitted that even if the entire allegations are assumed to be correct, still, it only reflects a consensual relationship between two consenting adults and therefore petitioner ought to be released on bail. The learned Senior Counsel further submitted that petitioner was, as per Annexure 3, appointed as a co- guide of the defacto complainant only on 20.04.2024 and the alleged rape took place much before and hence there was no supervisory or authoritative position held by the complainant at the time of the alleged incident. It was also submitted that considering the period of detention already undergone by the petitioner, further custody ought not to be permitted.
5. Sri. M.P. Prasanth, the learned Public Prosecutor on the other hand submitted that the allegations raised against the petitioner was an instance of sexual exploitation of a student by a teacher using his position and authority. It was submitted that the presumed consensual relationship was by exploiting the authority over the defacto complainant. The learned Prosecutor pointed out though the investigation is in the final stage, releasing the petitioner on bail at this juncture would hamper the course of investigation. Bail Appl. No.10602 of 2025
2025:KER:65186 -5-
6. I have considered the rival submissions.
7. Petitioner is the Head of the Department of English at Kannur University, where the victim is a doctoral student. It is true that the order appointing the petitioner as a co-guide was issued only on 20.04.2024, while three of the instances of alleged rape took place much earlier. Though the contention that till 20-04-2024 petitioner did not hold any position of influence or authority, may seem impressive, on a deeper consideration, it is noticed from Annexure 3 itself that the request for appointing the petitioner as a coguide was made on 26-02- 2024, and it was only the formal orders that were issued on 20-04- 2024. Obviously, the consent of the petitioner to act as a coguide would have been obtained prior to the date of application and without doubt, petitioner would have been elevated to the position of influence and authority over the victim. As noted earlier, three of the four instances of sexual encounter of the victim with the petitioner was before the application for consent was formally approved and one incident was after the approval.
8. On an earlier occasion, when the petitioner approached this Court with B.A.No.9035 of 2025, this Court dismissed the bail application on 05.08.2025. This is the subsequent application. It is pointed out that the investigation is almost in the final stages. The learned Public Prosecutor, upon instructions, also submitted that the Bail Appl. No.10602 of 2025 2025:KER:65186 -6- final report is under preparation as the investigation has almost been completed.
9. The allegations against the petitioner are serious. However, considering the circumstances that the investigation is almost completed and also that petitioner has been in custody from 18.06.2025, and further that the victim is a matured married lady of 29 years, I am of the view that further custody is not necessary. However, since the learned Public Prosecutor expressed apprehension that the petitioner may influence the witnesses, including the de facto complainant, I am of the view that strict conditions can be imposed to ensure that the petitioner does not interact with the victim or the other witnesses.
Accordingly, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or other witnesses.
(d) Petitioner shall not enter the jurisdiction limits of Dharmadam Police Station until conclusion of trial.Bail Appl. No.10602 of 2025
2025:KER:65186 -7-
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE ADS Bail Appl. No.10602 of 2025 2025:KER:65186 -8- APPENDIX OF BAIL APPL. 10602/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORDER DATED 02-07-2025 IN CRL.MC NO. 913 OF 2025 OF THE COURT OF THE COURT OF SESSION , THALASSERY COURT.
Annexure 2 A TRUE COPY OF THE ORDER DATED
21-07-2025 IN CRL.M.C NO. 913 OF 2025 OF
THE COURT OF SESSIONS JUDGE ,
THALASSERI.
Annexure 3 A TRUE COPY OF THE ORDER DATED
05-08-2025 IN B.A NO 9035/2025 WHICH WAS
DISMISSED BY THIS HON'BLE COURT.
Annexure 4 A TRUE COPY OF THE MESSAGES AND LETTERS
SEND.
Annexure 5 A TRUE COPY OF THE EVENT DATED
23-12-2024 GOOGLE MEET SCREENSHOT.
Annexure 6 A TRUE COPY OF THE REQUEST LETTER DATED
23-04-2024 FROM THE DEFACTO COMPLAINANT TO THE PROJECT OFFICER OF THE INTEGRATED TRIBAL DEVELOPMENT PROJECT AND THE CERTIFICATE ISSUED FOR THE SAME BY THE KANNUR UNIVERSITY.
Annexure 7 A TRUE COPY OF THE ORDER DATED
25-06-2025 BY THE KANNUR UNIVERSITY.