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2026 Supreme(Online)(Ker) 25926

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
ABBUBACKER SIDDIQ P M – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: ADIL.M.H
For the Respondents: K.A. NOUSHAD, SR. PP

Table of Content
1. second pre-arrest bail in serious trespass and extortion case. (Para 1 , 2 , 10)
2. arguments on innocence vs. investigation needs. (Para 5 , 6)
3. successive bail requires material change in circumstances. (Para 7 , 9)

ORDER

This is the second application 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.3 in Crime No.46/2026 of Manjeswar Police Station, Kasaragod District. The offences alleged are punishable underSections 127(7) read withSection 3(5) of theBharatiya Nyaya Sanhita, 2023(for short, theBNS) which were subsequently altered toSections 333, 308(2) and 309(2) of theBNS.

3. The prosecution case, in short, is that on 14.1.2026 at about 12 pm, at Hosangady in Manjeshwar Village, the applicant along with the remaining accused, in furtherance of their common intention, trespassed into room No.206 of Grand lodge, which was occupied by the de facto complainant and his girlfriend, the accused No.1 forcibly took their semi-nude photos and demanded ₹2,00,000/- and thereby committed the offences.

4. I have heard Sri. Adil M.H., the learned counsel for the applicant

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