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2026 Supreme(Online)(Ker) 14256

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
HIBIN G S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.M.M.BABY, SRI.JOHNY K. JOHN, SMT.K.VINAYA
For the Respondents: SHRI.JOSEPH ANU A.A, SMT. BINDU.O.V

O R D E R

(Dated this the 24th day of February, 2026)

The sole accused in Crime No. 1047 of 2025 of Kattakada Police Station filed this petition under Section 528 BNSS praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 138 , 64(2)(m), 75(1)(ii) of BNS and Sections 4 (1), 3(a), 8,7, 10,9, 12,11(i) and 11(iv) of POCSO Act .

2. The prosecution case is that the accused with the intention to satisfy his sexual lust made friendship with the defacto complainant who was a minor, through instagram, took her to various places, committed penetrative sexual assault and thereafter, refused to marry her and thereby, he is alleged to have committed the aforesaid offences.

3. According to the learned Counsel for the petitioner, the petitioner was ready to marry the defacto complainant and it was the defacto complainant who evaded the proposed marriage. Further according to the learned Counsel, it is a false case forged against the petitioner. The learned Counsel also submitted that now the petitioner is suffering from severe depressive espisode with psychiatric symptoms and he is undergoing treatment from Sri Ramakrishna Ashrama

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