The Kerala High Court has granted anticipatory bail to Malayalam rapper Hirandas Murali, known as 'Vedan', in a rape case filed against him by a young doctor. Justice Bechu Kurian Thomas made a significant observation, stating that "labelling physical intimacy as rape merely because the relationship has ceased to exist is illogical".
The court underscored the potential damage caused by criminal proceedings and arrests stemming from breakups between consenting couples, especially when the relationship appeared consensual and both individuals understood the nature and consequences of their actions. The court clarified that its stance depends on the specifics of each case. It stated that if someone enters a physical relationship based on a false promise of marriage with no intention of marrying, then the principle of consent obtained by deception would be applicable. The court further distinguished between consent for sexual intercourse based on a false promise of marriage and consent given with the expectation or assumption of marriage. Consent, the court added, is usually a choice made after considering various factors, available options, and possible outcomes. Section 375 of the Indian Penal Code (IPC) requires that consent be given with an understanding of the consequences of the proposed act and after making a reasoned decision.
Justice Thomas acknowledged the seriousness of the allegations against Vedan but concluded that his custodial interrogation was not necessary. The court has directed the rapper to appear before the investigating officer for questioning.
This ruling comes amidst other legal challenges for Vedan. The Kerala High Court had previously allowed the woman who accused Vedan of sexual assault to be included as a party in his anticipatory bail plea. Allegations have surfaced that Vedan had been on the run for over two weeks after the rape case was registered by the Kochi city police. Furthermore, Vedan's counsel pointed out that he is facing two other rape complaints, as well as two drug cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. In 2021, he faced a sexual misconduct allegation and issued a public apology. He is also facing a case under the Wildlife Protection Act for allegedly possessing a pendant made from a suspected leopard tooth. The Kochi city police had also issued a lookout notice against Vedan, 31, who is a native of Thrissur.
Adding to Vedan's legal difficulties, two more women have approached the Chief Minister's Office with fresh allegations of sexual assault. One complainant alleged assault in 2020, while the other claimed abuse in 2021. These complaints have been forwarded to the State Police Chief's office. These new allegations emerged as the High Court was preparing to consider Vedan's anticipatory bail plea in the initial rape case. The Thrikkakara police had already filed a case against Vedan for allegedly raping a female doctor after a false promise of marriage. The complainant stated that she met Vedan as a fan and was later forced into a physical relationship with him and that she approached the police after he allegedly reneged on his promise.
The Thrikkakara police in Ernakulam, Kerala, registered the case after the complainant approached the Deputy Commissioner of Police (Kochi City). According to a senior police officer, the police are verifying the facts before taking further action, and the incidents mentioned in the complaint occurred a few years ago. The case was registered in Thrikkakara because it was mentioned as one of the locations where the alleged sexual abuse occurred. The complainant stated that she came forward after learning about another woman's similar experiences with Vedan.
