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2026 Supreme(Online)(Ker) 12797

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


Advocates:
For the Appellants/Petitioners: Sri.Vishnuprasad Nair
For the Respondents: Smt.Sreeja V.

Table of Content
1. overview of the allegations against the applicant. (Para 2 , 3)
2. arguments regarding communication of arrest grounds. (Para 5)
3. discussion on legality of arrest due to communication failure. (Para 6 , 7 , 8)

ORDER

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.1 in Crime No.395/2025 of Panamaram Police Station, Wayanad District. The offences alleged are punishable under Sections 376 (2)(n) and 376(3) of the Indian Penal Code, 1860 , Section 9 of the Immoral Traffic (Prevention) Act, 1956 , Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3(a) r/w 4(2), Sections 5(j)(ii) & (1) r/w 6(1), 16(3) r/w 17 of the Protection of Children from Sexual Offences Act, 2012 .

3. The prosecution case, in short, is that the applicant No.1 had repeatedly committed rape/penetrative sexual assault on the defacto complainant, aged 14 years, with the knowledge and assistance of accused No.2, who is the mother, having actual control and charge over the survivor and duty bound to protect her, and accused No.3 between 01.06.

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