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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Eldhose K.C – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. nature of the application and the underlying criminal charges. (Para 1 , 2) |
| 2. parties' contentions regarding bail entitlement and necessity of investigation. (Para 4 , 5) |
| 3. court's judicial discretion on pre-arrest bail and investigation requirements. (Para 6 , 7) |
O R D E R
This is the second bail application 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.917/2025 of Pothanikad Police Station, Ernakulam District. The offences alleged are punishable under Sections 332(c), 296(b), 351(2) and 74 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).
3. The prosecution case, in short, is that on
21.09.2025 at 2.30 p.m., the applicant trespassed into the house of the defacto complainant and when the defacto complainant asked him to leave the house, he abused her in filthy language and also inappropriately touched her. When the defacto complainant and mother tried to close the gate and pushed the applicant out of the gate, the applicant caught hold of the defacto complainant so as to outrage her modesty. He pressed on her breast and tore away the button sh
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