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2026 Supreme(Online)(Ker) 14964

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


Advocates:
For the Appellants/Petitioners: SRI.P.K.MOHAMED JAMEEL, SMT. SUHARABI KANNETH, SMT.SMRITHI HARRIS
For the Respondents: SRI.M.C. ASHI, SR. PUBLIC PROSECUTOR

Table of Content
1. application for bail filed under bnss. (Para 1 , 2)
2. accusation of aggravated sexual assault by the applicant. (Para 3)
3. arguments presented by defense and prosecution. (Para 4 , 5)

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 in Crime No.632/2025 of Chakkarakkalu Police Station, Kannur District. The offences alleged are punishable under Sections 6 r/w 5(k), 5(l) and 5(n) of the PoCSO Act, 2012 and Sections 64 (2)(f), 64(2)(m), 64(2)

(k), 75(1) and 87 of Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that on 23.08.2025 at 10 a.m., the applicant, who is the biological father of the minor victim girl aged 16 years, who is an intellectually disabled girl took her in his autorickshaw from Mamba to his house at Peralasseri, subjected her to penetrative sexual assault repeatedly and thereby committed the offences.

4. I have heard Sri.Mohamed Jameel P.K., 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

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