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2025 Supreme(Online)(KER) 15662

HIGH COURT OF KERALA
P. G. Ajithkumar, J
MUHAMMED MIRSHAD – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
M.A.AHAMMAD, SAHEER, E.A.HARIS, MUHAMMED YASIL, AAGI JOHNY, PP-G SUDHEER

O R D E R

This Bail Application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita.

2. Petitioner is an accused in Crime No.964 of 2024 of Aluva East Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 366 , 384 & 376(1) of the Indian Penal Code and Section 66E of the Information Technology Act .

3. The prosecution case is that, the petitioner herein, with intention to commit rape on de-facto complainant, on 08.05.2024 at 7.45 am, took her on a bike and raped her at the MDV Residence Lodge, Angamaly. It is alleged that the accused recorded the nude videos and photos of the de-facto complainant and threatened that he would publish the same and extorted her 4 sovereigns of gold ornaments. Hence it is alleged that the accused committed the above said offences.

4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

5. Counsel for the petitioner submitted that, originally the FIR was registered alleging offences punishable under Section 406, 420 and 506 IPC . At that time, the offence of rape was not there. Subsequently, the allegation of rape was raised, when the case was

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