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2023 Supreme(Ker) 605

KAUSER EDAPPAGATH
Suresh K. M – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : I.V.PRAMOD, SAIRA SOURAJ P., K.S.SREEKUMAR
For the Respondent: SMT S REKHA SR PP, ADV S SREEKUMAR SR.

ORDER :

This is the second application for pre-arrest bail filed by the accused in Crime No.203/2023 of Hosdurg Police Station u/s 438 of the Code of Criminal Procedure.

2. The applicant is alleged to have committed the offences punishable under Sections 354 and 511 of 376C of the Indian Penal Code.

3. The prosecution case in short is that on 13/2/2023 at about 6.30 p.m, at the ACR Lab, the applicant sexually assaulted the victim by catching her breast and attempting to insert his finger in her vagina and thereby committed the aforesaid offences.

4. I have heard Sri.S.Sreekumar, the learned senior counsel instructed by Sri.I.V.Pramod for the applicant and Smt.S.Rekha, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned senior counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the case. The learned senior counsel further submitted that since principle of res judicata or estoppel does not apply to criminal jurisprudence, there is no bar for an accused person to make successive bail application on sufficient grounds. The learned senior counsel also submitted that certain vital documents which would show that the

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