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2026 Supreme(Online)(Ker) 5087

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


Advocates:
For the Appellants/Petitioners: SRI.IEANS.C.CHAMAKKALA, SRI.BINU B.SAMUEL, SRI.AADHAL THANKACHAN
For the Respondents: SRI.M.C. ASHI, SR. PP

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.917/2025 of Pothanikad Police Station, Ernakulam District. The offences alleged are punishable under Sections 332 (c), 296(b), 351(2) and

74 of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’).

3. The prosecution case, in short, is that on 21.09.2025 at

2.30 p.m., the applicant trespassed into the house of the defacto complainant and when the defacto complainant asked him to leave the house, he abused her in filthy language and also inappropriately touched her. When the defacto complainant and mother tried to close the gate and pushed the applicant out of the gate, the applicant caught hold of the defacto complainant so as to outrage her modesty. He pressed on her breast and tore away the button shirt worn by her and thereby outraged the modesty of the defacto complainant. Thus, the applicant has committed the aforementioned offences.

4. I have heard Sri.Ieans C.Chamakkala, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the c

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