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2026 Supreme(Online)(Ker) 11743

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


Advocates:
For the Appellants/Petitioners: SMT.STIYA SIVAN, SMT.K.R.RENJU, SMT.ASITHA M.M., SMT.ANJITHA APREM, SMT.ATHIRA SUDHEER V.
For the Respondents: SRI.M.C. ASHI, SR. PP

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.4 in Crime No.1260/2025 of Chittur Police Station, Palakkad District. The offences alleged are punishable under Sections 64(2)(m) and 61 of the Bharatiya Nyaya Sanhitha, 2023 .

3. The prosecution case, in short, is that on 29.08.2025, all the accused conspired together and with the help of accused No.2, she took the prosecutrix in her car, saying that she was taken for business purposes, had taken her from Chirakkal to Thathamangalam and they took a room in the hotel named Vintage Palace at Pallimokku, Thathamangalam, in the name of accused No.3 and as a part of the criminal conspiracy, accused No.1 committed forceful sexual intercourse without her permission and the other accused helped accused No.1 for committing sexual intercourse, and thereby the applicant committed the aforementioned offences.

4. I have heard Smt.Stiya Sivan, 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

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