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2026 Supreme(Online)(Ker) 1455

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
JOBEY KURIAKOSE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.S.SAJU, SRI.A.V.SAJAN, SMT.DONA PENTALIAN
For the Respondents: SMT.M.K.PUSHPALATHA, SR. PP

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.1 in Crime No.1745/2025 of Thiruvalla Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 74 , 126(2), 75(1)(i) of the Bharatiya Nyaya Sanhita, 2023 and Sections 11(i), 12, 9(m), 9(n) and 10 of the Protection of Children from Sexual Offences Act (Amended) 2012.

3. The prosecution case, in short, is that the applicant, who was in relationship with the accused No.2 (the mother of the minor victim), had engaged in sexual acts in the presence of the victim during hospital stays in 2019 and attempted sexual assault on the victim in 2023.

4. I have heard Sri. Saju S., the learned counsel for the applicant and Smt. M.K. Pushpalatha, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other

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