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2025 Supreme(Online)(Ker) 13147

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
BEN ROY ISAAC – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
B.SABITHA (DESOM)

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.1154/2024 of Venjaramoodu Police Station registered for the offences punishable under Sections 8 , r/w Section 7 , 10 r/w Section 9 (1),(n) and (t) of the Protection of Children from Sexual Offences Act, 2012 , apart from Section 74, 75(2), 75(1)(i), 76 of the Bharatiya Nyaya Sanhitha, 2023.

3. The prosecution case is that, the accused, who is the father of the victim, had, on 14.09.2024, while she was sleeping in her bedroom, came to the room with sexual intent, laid down by her side, and embraced her with sexual intent, and also touched her inappropriately and attempted to remove her t-shirt. Again on the next day in the early morning, the accused caught hold of the victim and kissed her on the lips and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the victim turned 18 years on 03.10.2024 and that the petitioner was arrested on 03.02.2025 and he has been in custody since then. It

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