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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
AVINASH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accusation and context of the applicant's arrest related to sexual offences. (Para 2 , 3) |
| 2. legal arguments regarding improper communication of arrest justifications. (Para 4 , 5) |
| 3. court's emphasis on the importance of formal communication of arrest grounds. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. conclusion regarding the legality of arrest and grounds for bail. (Para 14) |
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 in Crime No.957/2025 of Poojappura Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 64 (1), 63(b), 64(2) (f), 65(1), 78 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 (2) read with Section 3 (b), Section 6 (1) read with Section 5 (p), Section 8 read with Section 7 , Section 10 read with Section 9 (p), Section 12 read with Section 11 (i) and (iv) of the Protection of Children from Sexual Offences Act, 2012 .
3. The prosecution case, in short, is that the applicant, who is the stepfather of the victim, with an intention to commit aggravated penetrative sexual assault
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