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2025 Supreme(Online)(Ker) 58721

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, SHRI.GAJENDRA SINGH RAJPUROHIT, SRI.BABU JOSE, SRI.ATHUL POULOSE
For the Respondents: ADV U JAYAKRISHNAN,PP, SMT.PRABHA R.MENON, SHRI.ARUN SAMUEL

Table of Content
1. overview of the bail application under bnss. (Para 1 , 2)
2. arguments highlighting innocence and implications. (Para 4 , 5 , 6)
3. court observations regarding delay and skepticism of claims. (Para 7 , 8 , 9)
4. conclusion on granting bail with conditions. (Para 10 , 12)

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.805/2025 of Shornur Police Station, Palakkad District, registered alleging commission of offences punishable under Sections 3 76 (2)(n), 376(3) and 354A(1)(i) of the Indian Penal Code, 1860 , and Sections 8 , 7, 4(1), 3(b), 10, 9(l) and 9(m) 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 14 years. In between 01.01.2022 and 31.12.2022 while the survivor was aged 10 years, the accused with the intention to sexually abuse and attack her by remaining in the bedroom of the rented houses at Ernakulam and Shornur, where the survivor was residing put his hands through the inner side

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