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2026 Supreme(Online)(Ker) 21731

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


Advocates:
For the Appellants/Petitioners: Sri.M.Revikrishnan
For the Respondents: Sri.K.A.Noushad, SR.PP

Table of Content
1. application for pre-arrest bail under section 482. (Para 1 , 2)
2. factual allegations and claims of consent. (Para 3 , 5 , 6)
3. granting bail based on the merits of the case and prior supreme court decision. (Para 7)

O R D E R

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 sole accused in Crime No.288/2025 of Vellikulangara Police Station, Thrissur District. The offences alleged are punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023 and Section 66E (b)(c) of the Information Technology Act, 2000 .

3. The prosecution case, in short, is that the applicant and the defacto complainant got acquainted with each other through ‘Facebook’. According to the prosecution, the applicant, with a false promise to marry the de facto complainant, had sexual intercourse with her for two days in March 2022 and February 2025 by bringing her to a lodge situated in Athirapilly. It is further alleged that on a day in the month of February 2025, the defacto complainant came to a room where the applicant was residing at Kodungallur and there also they had sexual

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