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2026 Supreme(Online)(Ker) 5958

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


Advocates:
For the Appellants/Petitioners: SMT.T.T.SHANIBA, SMT.FATHIMA RIZANA P.S.
For the Respondents: SMT.SREELAKSHMI SABU, SRI.K.A. NOUSHAD, SR. PP

Table of Content
1. seeking pre-arrest bail under bnss for theft allegations. (Para 1 , 2 , 3)
2. arguments presented for and against pre-arrest bail. (Para 4 , 5)
3. court observations on the necessity for investigation. (Para 6 , 7)

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.43/2025 of Poochakkal Police Station, Alappuzha District. The offence alleged is punishable underSection 380of the IPC (Section 305(a) of the Bharatiya Nyaya Sanhita, 2023).

3. The prosecution case, in short, is that the applicant committed theft of 35 sovereigns of gold ornaments and Rs.30,000/- belonging to the defacto complainant and her daughter between 23.10.2022 and 16.11.2024 and thereby committed the offence.

4. I have heard Smt.T.T.Shaniba, the learned counsel for the applicant and Sri.K.A.Noushad, 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 present case. The counsel further submitted that no materials are on record to connec

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