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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABHIJITH K. SUDHAN – Appellant
Versus
STATE OF KERALA – Respondent
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| 1. allegations involve both consensual and non-consensual elements. (Para 2 , 3 , 6) |
| 2. court observations indicate a critical view of custodial necessity. (Para 4) |
| 3. arguments presented denote conflicting narratives regarding the incident. (Para 5) |
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.2161/2025 of Thodupuzha Police Station, Idukki District. The offences alleged are punishable under Sections 64 (2)(m), 64(2)(h), 69, 79 and 318(4) of the Bharatiya Nyaya Sanhita, 2023 .
3. The prosecution case, in short, is that the applicant committed rape on the survivor on 20.08.2024 at her residence and thereafter in an apartment at Riverview road against her will and without her consent and thereby committed the above offences.
4. I have heard Sri.N.A.Shafeek, the learned counsel for the applicant and Sri.K.A.Nousahd, 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 su
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