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2026 Supreme(Online)(Ker) 25539

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
SHAJU K.C – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.CIBI THOMAS, SMT.SWARNA THOMAS
For the Respondents: SMT.SREEJA V., SR. PP

Table of Content
1. bail application under bnss section 483 in pocso case (Para 1 , 2)
2. sexual assault on minor during counselling (Para 3)
3. arguments on innocence versus prosecution's case (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 sole accused in Crime No.91/2026 of Muzhakkunnu Police Station, Kannur District. The offences alleged are punishable under Section 74 of the Bharatiya Nyaya Sanhita, 2023 , Sections 7 read with 8 and 9(l) read with 10 of the Protection of Children from Sexual Offences Act .

3. The prosecution case, in short, is that on 13.9.2025 at 9.30 am and on 20.9.2025 at 10.00 am, while the victim minor girl aged 17 years went to the applicant's house situated at Thazhvaram in Muzhakkunnu amsom for undergoing counselling therapy, the applicant sexually assaulted her by kissing on her cheek, catching hold of her breasts by inserting his hands through her churidhar top with sexual intent and thereby committed the offences.

4. I have heard Sri. Cibi Thomas, the learned counsel for the applicant and Smt. Sreeja V., the learned Senior Pub

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