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2026 Supreme(Online)(Ker) 6596

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


Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.ALWIN JOSEPH, SHRI.BENSON AMBROSE
For the Respondents: PUBLIC PROSECUTOR, ADDL.DIRECTOR GENERAL OF PROSECUTION SRI. C.K.SURESH, SPL. PP

Table of Content
1. circumstances leading to the arrest. (Para 1 , 2 , 3)
2. arguments on legality of arrest. (Para 4 , 5)
3. court's discussion on constitutional and statutory requirements. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
4. conclusions drawn from court observations. (Para 14)

O R D E R

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 accused No.2 in Crime No.683/2023 of Nadakkavu Police Station, Kozhikode District. The offences alleged are punishable under Sections 397, 302, 120B, and 201 read with Section 34 of the Indian Penal Code.

3. The prosecution case, is as follows:- The de facto complainant lodged a complaint on 24.05.2023, before the Tirur Police Station about the missing father of the de facto complainant. Accused No.1 was the employee of the hotel, run by the father of the de-facto complainant, and in furtherance of common intention, to extract money from the father of the de-facto complainant by seducing him by showing the applicant, who is the lover of the accused No. 1, and consequently, on 18/05/2023 the father of the defacto complainant had obtained

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