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2026 Supreme(Online)(Ker) 11160

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


Advocates:
For the Appellants/Petitioners: SRI.P.THOMAS GEEVERGHESE, SHRI.RUBAN JOE TONIYO
For the Respondents: SRI.M.C. ASHI, SR. PP

ORDER

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

2. The applicant is the sole accused in Crime No.767/2025 of Kurathikadu Police Station, Alappuzha District. The offences alleged are punishable under Sections 332 (b), 75, 76, 65(2) and 64(2)(m) of the Bharatiya Nyaya Sanhita , 2023, and Sections 4 r/w 3 (a), 6 r/w 5(l), 5(m) & 8 r/w 7 of the Protection of Children from Sexual Offences Act , 2012 (PoCSO Act).

3. The prosecution case, in short, is that the applicant and the father of the victim are friends. On 11.10.2025, around noon, the applicant went to the house where the victim was living and took her to a room and committed penetrative sexual assault on her. Thus, the applicant committed the offences alleged.

4. I have heard Sri.P.Thomas Geevarghese, the learned counsel for the applicant and Sri.M.C. Ashi, 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 connect the applicant wi

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