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2025 Supreme(Online)(Ker) 58720

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
SREENATH.K.S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW, SRI.VIVEK VENUGOPAL, SRI.BABU JOSE, SHRI.GAJENDRA SINGH RAJPUROHIT, SHRI.ATHUL POULOSE
For the Respondents: ADV U JAYAKRISHNAN, PP SMT.PRABHA R.MENON, SHRI.ARUN SAMUEL

Table of Content
1. admission of a bail application under specified legal provisions. (Para 1 , 2)
2. allegations against the accused involve serious criminal acts. (Para 4)
3. arguments presented by both parties in support of their claims. (Para 5 , 6)
4. delay in fir should be evaluated in the context of the potential for false implication. (Para 7 , 8 , 9)
5. medical evidence and its implications for both victim and accused. (Para 10 , 11 , 12)
6. conditions attached to the bail decision. (Para 13)

ORDER

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short “ BNSS ”).

2. The petitioner herein is the sole accused in Crime No.804/2025 of Shornur Police Station, Palakkad District, registered alleging commission of offences punishable under Sections 3 76(3), 354A(1)(i) and 449 of the Indian Penal Code , 1860, and Sections 8 , 7, 4(1), 3(b) of the Protection of Children from Sexual Offences Act , 2012.

3. The prosecution allegation can be epitomised as follows:

The accused is the survivor’s mother’s friend. The survivor is a minor girl aged 16 years. On a Saturday in between 01.01.2022 and 31.12.2022 while the survivor was aged 13 years at that ti

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