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2026 Supreme(Online)(Ker) 1802

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


Advocates:
For the Appellants/Petitioners: SRI.KRISHNA PRASAD. S, SMT.SINDHU S KAMATH, SMT.SWAPNA S.K., SMT.ROHINI NAIR, SHRI.SURAJ KUMAR D., SHRI.SUNILKUMAR K.K., SMT.A.KARTHIKA SIVAN, SMT.NAYANAMBIKA P.S., SMT.KARTHIKA G. NAIR
For the Respondents: SRI.M.C.ASHI, SR. PP

Table of Content
1. background of the offences and nature of the charge. (Para 1 , 2 , 3)
2. arguments presented by both parties. (Para 4 , 5)
3. court's reasoning on the necessity of custodial interrogation. (Para 6 , 7)

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the sole accused in Crime No.

519/2025 of Thondernadu Police Station, Wayanad District. The offences alleged are punishable under Section 7 5(1)(i) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 r/w Section 8 and Section 9 (f), (l) & (m) r/w Section 10 of the Protection of Children from Sexual Offences Act, 2012 .

3. The prosecution case, in short, is that the applicant, being the Madrassa teacher of the victim, aged 8 years, had repeatedly committed aggravated sexual assault upon her by rubbing and catching hold of her private parts with sexual intent in the Al Madrassathul Islamiyya Madrassa at Korome while she was studying in the 2nd standard at Madrassa and thereby committed the said offences.

4. I have heard Sri.Krishna Prasad S., the learned counsel for the applicant and Sri.M.C.Ashi, the lea

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