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2024 Supreme(Online)(Ker) 76917

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. Kunhikrihnan, J
N. Nidheesh – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: ADV BABU S. NAIR
For the Respondents: ADV.SRI.NOUSHAD.K.A, SR.PP

ORDER

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita .

2. Petitioner is the accused in Crime No.1113/2024 of Mannarkkad Police Station, Palakkad. The above case is registered against the petitioner alleging offences punishable under Sections 126 (2), 75(i)(ii) and Section 351of the BNS.

3. The prosecution case is that the victim and her husband had gone to Kanjirapuzha Dam, as a picnic and after visiting the dam, they went to a toddy shop to have food. At that time, the petitioner along with two others having had toddy from the shop made sexually coloured remarks against the complainant and thereby committed the above said offences.

4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

5. Counsel for the petitioner submitted that the only non-bailable offence is under Section 75 (i)(ii) of the BNS. It is submitted that, even if the entire allegations are accepted, no offence is made out. It is also submitted that the petitioner is ready to abide any conditions if this Court grant him bail. It is also submitted that the alleged incident happened inside a toddy shop.

6. The Public Prosecutor opposed the bail

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