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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. assessment of bail application and basis for the arrest. (Para 1 , 2 , 3) |
| 2. the court’s observations regarding compliance and custody. (Para 4 , 6 , 7) |
| 3. mandatory requirements for informing arrestees and implications. (Para 5 , 8 , 12 , 13) |
| 4. legal precedents establishing the communication of arrest grounds. (Para 9 , 10 , 11) |
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 th
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