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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SUNIL KUMAR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. description of the bail application and allegations. (Para 1 , 3 , 4) |
| 2. arguments related to legality of arrest and bail conditions. (Para 2 , 5) |
| 3. legal observations on compliance with arrest procedures. (Para 6 , 8 , 9 , 10 , 11 , 13 , 14) |
| 4. court's decision regarding bail conditions. (Para 12) |
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 sole accused in Crime No.186/2025 of Vellarada Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 127(2), 75 (2), 68 (a), 65 (2), 64 (2)(f), 64(2)(i) and 64 (2)(m) of Bharatiya Nyaya Sanhita, 2023, Section 75 of Juvenile Justice (Care and Protection of Children) Act , and Sections 10, 9(l), 9(p), 6(l), 5(i), 5(m) and 5(p) of the Protection of Children from Sexual Offences (POCSO) Act.
3. The prosecution case, in short, is that during the period between the year 2023 and 20.01.2025, the applicant caught private part of the victim (minor), committed penetrative sexual assault at different places of her residence by threatening her that he will put her in jail if she di
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