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2026 Supreme(Online)(Ker) 5008

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
AMAL K. CHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.SREELAKSHMI SABU, SHRI.MUHAMMED FAHIZ
For the Respondents: SHRI.NIDHEESH T.P, SMT.SWETHA P. DILEEP, SRI.M.C.ASHI, SR. PP

Judgement Key Points

Based on the provided legal document, here are the key points:

  1. The application concerns a request for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (!) .

  2. The applicant is accused in Crime No.1203/2025 of Kalamassery Police Station, Ernakulam District, with allegations under Sections 376(2)(n) of the IPC and Section 69 of the Bharatiya Nyaya Sanhita, 2023 (!) .

  3. The prosecution alleges that the applicant sexually assaulted the victim on multiple occasions starting from 2022, based on false promises of marriage, which were later retracted (!) .

  4. The applicant is aged 28, and the victim is 27. Both were employed at Lulu Mall, Edappally, and were in a relationship since 2022, with alleged sexual encounters based on the promise of marriage (!) .

  5. The last alleged incident was on 13.5.2025, and the FIR was lodged on 22.9.2025. The applicant filed a complaint against the victim prior to the FIR, and WhatsApp chats between the parties raise doubts about the claim of false promises (!) .

  6. The court considers that the applicant has no criminal antecedents and that custodial interrogation appears unnecessary, leading to the conclusion that pre-arrest bail is appropriate (!) .

  7. The bail is granted on the condition that the applicant executes a bond for Rs.1,00,000 with two solvent sureties of the same amount, to the satisfaction of the arresting officer/investigating officer (!) .

  8. The applicant must fully cooperate with the investigation, including being available for discovery and appearing before the investigating officer as scheduled (!) (!) .

  9. The applicant shall not commit any similar offences while on bail, nor attempt to contact witnesses or tamper with evidence (!) (!) .

  10. The applicant is prohibited from leaving the State of Kerala without permission from the trial court (!) .

  11. Any requests for modification or cancellation of bail conditions should be filed in the appropriate jurisdictional court (!) .

These points summarize the court’s reasoning and the conditions imposed for granting bail.


ORDER

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 accused in Crime No.1203/2025 of Kalamassery Police Station, Ernakulam District. The offences alleged are punishable under Section 376(2)(n) of the IPC and Section 69 of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that the applicant sexually assaulted the victim on several occasions right from 2022, after giving a false promise of marriage, later on retracted from the promise and thereby committed the offences.

4. I have heard Smt. Sreelakshmi Sabu, the learned counsel for the applicant, Sri. M.C. Ashi, the learned Senior Public Prosecutor and Sri. Nidheesh T.P., the learned counsel for the respondent No.2. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime;

hence, he is entitled to bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident

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