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2025 Supreme(Online)(Ker) 40198

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


Advocates:
For the Appellants/Petitioners: SRI.BIJU .C. ABRAHAM, SHRI.THOMAS C.ABRAHAM, SHRI.BASIL MATHEW
For the Respondents: SRI. NOUSHAD K. A. (PP)

Table of Content
1. bail application filed under bnss. (Para 3 , 4)
2. de facto complainant acknowledged a consensual relationship. (Para 8 , 9)
3. court's rationale for granting bail based on relationship and detention. (Para 10 , 11)

O R D E R

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.543 of 2025 of Kumily Police Station, Idukki, registered for the offences punishable under sections 450 and 376(2)(n) of the Indian Penal Code , 1860 (for short ‘ IPC ’) and Sections 69, 332(c) and 115(2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

3. According to the prosecution, the accused had, after deceiving the de facto complainant with a false promise of marriage, committed rape on her during the period from May 2023 to November 2024, on several days, and also assaulted her and thereby committed the offences alleged. Petitioner was arrested on 26.05.2025, and he has been in custody since then.

4. After the investigation was completed, the final report has been filed wherein the offence under Section 69 of BNS has been deleted, and the offences alleged are now only un

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