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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 :

KAUSER EDAPPAGATH, J.

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

2. The applicant is accused No.3 in Crime No.109/2025 of Cyber Crime Police Station, Thiruvananthapuram City. The offences alleged are punishable under Sections 78(1)(ii) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’); Section 67B of the Information Technology Act , 2000, and Section 14 read with Section 13 of the Protection of Children from Sexual Offences (PoCSO) Act, 2012.

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 photogr

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