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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.Pratheep Kumar, J
.......... – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to set aside pre-arrest bail. (Para 1 , 2) |
| 2. arguments presented regarding the nature of consent. (Para 3 , 4) |
| 3. court's observations regarding the lack of evidence for coercion. (Para 5 , 6 , 8 , 9) |
| 4. clarification on the intent and consent in legal boundaries. (Para 10) |
| 5. final decision to dismiss the petition. (Para 11) |
ORDER
Dated : 18th December, 2025 The defacto complainant in Crime No. 1899 of 2025 of Kayamkulam Police Station filed this petition praying for setting aside the pre-arrest bail granted by the learned Sessions Judge, Alapuzha, to the third respondent, namely the accused in the above crime.
2. The offences alleged against the accused are under Sections 87 , 74, 76, 69 and 64(2)(m) of BNS . The prosecution case is that the accused, after suppressing his earlier marriage, promised to marry the defacto complainant, took her to various places, sexually exploited her and thereafter, failed to marry her and thereby he is alleged to have committed the aforesaid offences.
3. According to the learned counsel for the petitioner, the defacto complainant is aged 23 while the accused is aged 35. The accused after suppressing his earlier marr
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