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2026 Supreme(Ker) 184

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Pankaj Kumar, S/o. Late Yash Paul – Appellant
Versus
Station House Officer, Cyber Crime Police Station, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioner: Sri. R.S. Lakshman, Sri. Pranav Krishna.
For the Respondent: Sri. S. Rajeev - Amicus Curiae, Sri. M.C. Ashi, SR. PP.

Table of Content
1. overview of accused's application and charges. (Para 2)
2. procedural context of transit bail application. (Para 4)
3. arguments for and against pre-arrest bail. (Para 6 , 7 , 8)
4. court's reasoning on maintainability of pre-arrest bail. (Para 10 , 11 , 12 , 13)
5. final judgment dismissing the bail application. (Para 14)

ORDER :

This application is filed under Section 482of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.

3. The prosecution case, in short, is that a minor girl aged 12 years, while using her father’s mobile phone, downloaded the Snapchat application and began interacting with several users, including one identified as “Jinhwa” (accused No.1, namely Ishan). It is alleged that he exchanged photographs with the victim and persuaded her to share indecent images. The victim subsequently interacted with other Snapchat IDs such as “Korean Boy,” “Smcamilaa,” and “Seo Joon,” allegedly operated by other accused, including the applicant herein.

5. I have heard Sri.R.S.Lakshman, the learned counsel for the applicant, Sri.M.C.Ashi, the learned Senior Public Prosecutor and Sri.S.Rajeev, the learned Amicus Curiae appointed by th

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