Are you searching for a trusted divorce lawyer in Trivandrum or exploring how Kerala courts deal with sensitive criminal matters? The VEDAN Bail case (Hiran Das Murali v. State of Kerala & Anr.) is a recent High Court decision that highlights how anticipatory bail is balanced in situations involving allegations of sexual intercourse on the promise of marriage. While this matter concerns criminal allegations, the legal principles applied resonate with cases that family court lawyers in Trivandrum and high court lawyers handle, especially where personal relationships intersect with legal disputes such as mutual divorce in Kerala or NRI-related marriage conflicts.



Case Study: Hiran Das Murali v. State of Kerala & Anr.

Court: High Court of Kerala at Ernakulam
Case No.: Bail Application No. 9377 of 2025
Judge: Hon’ble Mr. Justice Bechu Kurian Thomas
Date of Order: 27th August 2025
Law Invoked: Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (anticipatory bail)
Crime Reference: Crime No. 531 of 2025, Thrikkakara Police Station, Ernakulam

 

1. Introduction

The present case concerns a bail application filed by Hiran Das Murali, a 31-year-old musician popularly known by his stage name “Vedan”, apprehending arrest in connection with allegations of rape under a false promise of marriage. The case raises crucial questions on the distinction between consensual relationships and sexual intercourse induced by false promises of marriage, a recurring legal dilemma before Indian courts.

 

2. Facts of the Case

  • The complainant, a doctor, became acquainted with the petitioner in 2021 through Instagram.
  • Their friendship gradually developed into a personal relationship.
  • According to the complainant, in August 2021, the petitioner visited her Kozhikode apartment. During their first meeting, he allegedly sought permission to kiss her, but later proceeded to have sexual intercourse without consent, which she described as rape. He remained in her apartment for three days during which repeated intercourse occurred.
  • Subsequently, the complainant stated that the petitioner continued to meet her and they had physical relations on:
    • 30th March 2022,
    • 22nd June 2022,
    • August 2022 (at her Ernakulam apartment), and
    • March 2023 (during a gathering at a friend’s house).
  • The complainant claimed that she consented to intimacy only because of his assurances of marriage.
  • She also supported the petitioner financially, including bank transfers and travel bookings, to aid his musical pursuits.
  • In July 2023, tensions arose when the petitioner allegedly behaved rudely, accused her of being "toxic," and suggested breaking off the relationship. Thereafter, he stopped contacting her.
  • The FIR was lodged much later, on 31st July 2025, alleging sexual abuse from August 2021 to March 2023. The delay was attributed to her depression and trauma following the breakup.




3. Submissions of the Parties

 

(a) Petitioner’s Contentions

  • The allegations are false, motivated, and belated.
  • The relationship was consensual throughout and only ended due to incompatibility.
  • Even if allegations are accepted at face value, they do not constitute rape but represent a failed consensual relationship.
  • The complainant voluntarily allowed him to stay with her on multiple occasions, inconsistent with her claim of non-consent.
  • The FIR was filed two years after the alleged first incident, indicating afterthought and malice.
  • The petitioner undertook to cooperate with the investigation.

(b) Respondent’s/Complainant’s Contentions

  • The complainant argued that she was deceived into intimacy under a false promise of marriage, which vitiates consent.
  • She claimed to have suffered severe psychological trauma and is undergoing psychiatric treatment since 2023.
  • The petitioner had a history of misconduct—including a 2021 public apology during the MeToo movement—suggesting a pattern of exploitation.
  • After filing her complaint, she faced threats, cyberattacks, and victim-blaming by sections of the media.
  • Bail should be denied as it would embolden the accused and discourage victims from speaking up.

(c) Prosecution’s Submissions

  • The State opposed bail, stressing the seriousness of the allegations.
  • Custodial interrogation was argued to be necessary to uncover the truth.
  • The prosecution highlighted that another case, Crime No. 1170/2025, was recently registered against the petitioner under sections 294(b), 354, 354A IPC, and section 119A of the Kerala Police Act, 2011, indicating repeated misconduct.




4. Legal Issues for Consideration

 

  1. Whether the relationship between the complainant and petitioner was consensual or whether the consent was vitiated by a false promise of marriage.
  2. Whether the delay in filing the FIR undermines the credibility of the allegations.
  3. Whether custodial interrogation of the petitioner was necessary.
  4. Whether anticipatory bail could be granted in light of the seriousness of the charges.



5. Judicial Reasoning

 

The Court carefully analyzed the complainant’s statements, the petitioner’s defense, and relevant precedents:

  1. Nature of Relationship
    • The complainant herself admitted to multiple meetings, prolonged stays, and repeated physical intimacy spanning almost two years.
    • The Court noted it was difficult to comprehend how the complainant would permit continued intimacy if the first incident was truly non-consensual rape.
  2. Consent and False Promise of Marriage
    • Referred to Pramod Suryabhan Pawar v. State of Maharashtra (2019), where the Supreme Court distinguished between a false promise of marriage given in bad faith and a genuine promise later breached due to circumstances.
    • The Court emphasized that not every failed relationship amounts to rape, as seen in recent cases:
      • Sonu v. State of UP (2021),
      • Mahesh Damu Khare v. State of Maharashtra (2024),
      • Prashant v. NCT of Delhi (2025),
      • Amol Bhagwan Nehul v. State of Maharashtra (2025),
      • Bishwajyothi Chatterjee v. State of West Bengal (2025).
  3. Delay in Complaint
    • Though explained as arising from trauma and fear of public scrutiny, the two-year gap suggested an afterthought.
  4. Custodial Interrogation
    • The Court held that custodial interrogation was unnecessary since the relationship appeared consensual and the facts were largely admitted.
  5. Balancing Rights
    • Recognizing the seriousness of rape charges, the Court also highlighted that branding a consensual relationship as rape after a breakup is harsh and damaging to an individual’s future.

 

6. Decision

The Court granted anticipatory bail with strict conditions:

  • The petitioner must appear before the Investigating Officer on 09.09.2025 and 10.09.2025 for interrogation, treated as "limited custody."
  • If arrest is proposed, he shall be released on bail upon executing a bond of ₹1,00,000 with two solvent sureties.
  • He must cooperate with the investigation, refrain from contacting or influencing the complainant or witnesses, and not tamper with evidence.
  • He must not commit similar offences or leave India without court permission.
  • Any violation would empower the jurisdictional Court to modify or cancel bail.

 

7. Significance of the Case

  • This case reinforces the judicial principle that failed relationships should not automatically be criminalized as rape unless there is clear evidence that the promise of marriage was false from the very beginning.
  • The decision illustrates the judiciary’s effort to balance the rights of the accused against the trauma of the complainant, ensuring that criminal law is not misused in private disputes.
  • It also reflects the Court’s reliance on recent Supreme Court precedents which discourage misuse of Section 376 IPC in consensual relationships gone sour.




Conclusion

When it comes to navigating sensitive legal matters like VEDAN bail and family disputes, having the right legal support can make a significant difference. A professional divorce lawyer in Trivandrum not only provides legal expertise but also ensures that your rights and interests are fully protected. From representing you in court to guiding you through compliance, settlements, and bail procedures, the role of a lawyer is crucial. Choosing an experienced advocate means you can approach your case with confidence, clarity, and strong representation.

 

FAQs 

  1. What is VEDAN bail and when is it applicable?
     VEDAN bail refers to legal relief granted by the court under specific circumstances where temporary freedom is allowed during proceedings. A divorce lawyer in Trivandrum or a criminal lawyer can guide you through its applicability depending on the case.
  2. How can a divorce lawyer in Trivandrum help with VEDAN bail?
     A divorce lawyer in Trivandrum with experience in criminal and family law can draft strong petitions, represent you in hearings, and ensure that your bail plea is supported with valid legal arguments.
  3. What documents are required for filing VEDAN bail?
     Typically, you will need your FIR copy, ID proofs, case details, and supporting affidavits. A certified divorce lawyer in Trivandrum or compliance advisor professional can help you prepare these systematically.
  4. Can I apply for VEDAN bail without a lawyer?
     While it is legally possible, it is not advisable. Courts prefer petitions drafted professionally. Having a best rated financial advisor near me may not help, but a divorce lawyer in Trivandrum ensures accuracy and stronger chances of approval.
  5. How long does it take to get VEDAN bail in Trivandrum?
     The timeline depends on court workload and case complexity. With the assistance of cfo consulting firms or more relevantly, a skilled divorce lawyer in Trivandrum, the process is usually faster and more efficient.
  6. What are the fees for a divorce lawyer in Trivandrum for handling VEDAN bail?
     Fees vary depending on the lawyer’s expertise, reputation, and case complexity. Leading law and advisory services firms in Trivandrum usually provide transparent estimates before proceeding.
  7. Why should I hire an experienced divorce lawyer in Trivandrum for VEDAN bail cases?
     An experienced lawyer understands both family disputes and criminal procedures, offering cfo services in India-style structured legal planning. This ensures better representation, compliance in GST-related cases if applicable, and a stronger case outcome.