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2026 Supreme(Online)(Ker) 12876

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


Advocates:
For the Appellants/Petitioners: SHRI.MANUMON A., SHRI.REBIN VINCENT GRALAN, SMT.EDATHARA VINEETA KRISHNAN, SHRI.SANTHOSH.T.P, SMT.ROSNA M. JOY, SMT.GAYATHRI E.S., SHRI.AVIN KRISHNA M.P., SMT.ATHIRA SURESH, SHRI.JOHN CHRISTO T.P., SHRI.AKSHAY KUMAR C.S., SMT.LINIYA LOVESON, SMT.ANJALI N.S., SRI.JAYAN KUTTICHAKKU
For the Respondents: SRI K.A. NOUSHAD (SR.PP)

O R D E R

This is the second bail application 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.160/2025 of Athirappilly Police Station, Thrissur District. The offences alleged are punishable under Sections 70 (1), 74, 75(1)(i) and 309(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’) and Section

66E of the Information Technology Act, 2000 .

3. The prosecution case, in short, is that accused Nos.

1 to 4, acting with common intention and premeditation to sexually assault the survivor and gratify their sexual lust by committing gang rape, on 13.12.2025 at about 21:00 hours, lured the survivor by promising to arrange a rented house for her and thereafter, at about 23:00 hours on the same day, took her to a resort named Greensite at Athirappilly, where she was given water laced with MDMA to drink. Thereafter, accused Nos.1 to 3 committed gang rape on the defacto complainant, while the applicant bit her lips and caught hold of her breasts. Accused No.3 threatened to record the incident on his mobile phone and circulate the same through soci

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