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2026 Supreme(Online)(Ker) 5535

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


Advocates:
For the Appellants/Petitioners: SHRI.B.SIBI, SMT.KRISHNA S., SMT.SUNI KARUNAKARAN
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 accused in Crime No. 618/2025 of Kalpakanchery Police Station, Malappuram District. The offence alleged is punishable under Section 64(2)(m) of the BNS, 2023.

3. The prosecution case, in short, is that the applicant had sexually assaulted the victim several times, after giving false promise of marriage and thereby committed the offence.

4. I have heard Sri.B.Sibi, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. 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 occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The applicant is aged

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