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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Shyamdas – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. nature of the charge and identification of legal framework under bnss and bns. (Para 1 , 2) |
| 2. judicial assessment of bail criteria including investigation status and absence of criminal history. (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 Nagaroor Police Station, Thiruvananthapuram District. The offence alleged is punishable under Section 64(1)
of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS). 3. The prosecution case, in short, is that on 15.02.2026 at about 11.30 p.m., while the de facto complainant was watching the festival at the Koduvazhannoor Chernnamangalam Temple, the applicant took her to his home on the pretext of buying soft drinks for her, raped her and thereby committed the offence.
4. I have heard Sri.J.R.Prem Navaz, the learned counsel for the applicant and Sri. M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel fur
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