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2025 Supreme(Online)(Ker) 55579

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B SNEHALATHA, J
Santhosh Varkey @ Arattannan v. State of Kerala


Advocates:
For the Appellants/Petitioners:Learned Counsel for the petitioner
For the Respondents: Learned Public Prosecutor

1. This Bail Application is filed under S.483 of Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS ).

2. The petitioner is the accused in Crime No.160/2025 of Ernakulam North Police Station, Ernakulam. The above case is registered against petitioner alleging offences punishable under S.75(1)(iv), S.75(3) and S.79 of the Bharatiya Nyaya Sanhita ( BNS ), 2023. S.67 of the Information Technology Act , 2000 and S.120(o) of the Kerala Police Act , 2011.

3. The prosecution case is that, on 20/04/2025, the petitioner made a facebook post stating that "All the ladies in the Cinema Industry are prostitutes". The crime was registered based on a complaint made by the defacto complainant, who is an actress.

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

5. The learned counsel for the petitioner / accused submitted that even if the entire allegation against the accused are true, the Section of offences levelled against the accused will not lie. It was further submitted that accused is in judicial custody from 20/04/2025 and his further detention is not necessitated.

6. The learned Public Prosecutor opposed the bail application on the ground that the investigation is

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