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2026 Supreme(Online)(Ker) 20433

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
AHAMMED BINSHAD MAHMOOD P – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Smt. Haritha Sivadas, Shri. Eldho Abraham Kuriakose, Shri. Adwaith Sathian, Shri. Anandu S. Parayil, Smt. Neeraja Venugopal, Smt. Jithy Pradeep
For the Respondents: Sri. Noushad K.A., Sr. PP

Table of Content
1. application for pre-arrest bail under bnss due to serious allegations. (Para 1 , 2 , 3)
2. arguments for bail based on innocence versus necessity of investigation. (Para 4 , 5)

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicant is the accused No.2 in Crime No.766/2025 of Vazhakkad Police Station, Malappuram District. The offences alleged are punishable under Sections 115 (2), 137(2), 127(2), 110 and 352 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that due to the prior animosity of the accused No.1 to the defacto complainant, on account of the fact that the defacto complainant owed an amount of ₹15,00,000/- to her, on 1.10.2025 near Irattamuzhi, the defacto complainant was abducted, assaulted and threatened to be strangulated by the applicant and the remaining accused. It was further alleged that the accused No.1 demanded a sexual relationship and thereby committed the offences.

4. I have heard Smt. Haritha Sivadas, the learned counsel for the applicant and Sri. K.A. Noushad, the learned Senior Public

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