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2025 Supreme(Online)(Ker) 41695

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MUHAMMED SINAN E.K. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.P.Mohamed Sabah, Sri.LIBIN STANLEY, Smt.SAIPOOJA, Sri.SADIK ISMAYIL, Smt.R.GAYATHRI, Sri.M.MAHIN HAMZA, Shri.ALWIN JOSEPH, Shri.BENSON AMBROSE
For the Respondents: Smt. SREEJA V.

Table of Content
1. allegations of stalking against accused. (Para 1 , 2 , 3)
2. arguments presented for and against bail. (Para 5 , 6)
3. evaluation of statements regarding alleged offences. (Para 7)
4. judicial discretion in bail considerations. (Para 8)

BECHU KURIAN THOMAS, J.

......….............................................

B.A.No.8377 of 2025 …................................................

Dated this the 23rd day of July, 2025

ORDER

This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the sole accused in Crime No.387 of 2025 of Koppam Police Station, Palakkad, registered for the offences punishable under Sections 78 (1)(ii) and 137(2) of the Bharatiya Nyaya Sanhita, 2023 [for short, ‘the BNS ’] and Section 11 (iv) r/w Section 12 of the Protection of Children from Sexual Offences Act, 2012 [for short, ‘the POCSO Act’].

3. According to the prosecution, the accused had stalked the victim girl and on 21.06.2025, he took her from the tuition centre without the consent or knowledge of her parents and dropped her at her friend’s house and thereby committed the offences alleged.

4. Heard Adv.P.Mohamed Sa

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