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2025 Supreme(Ker) 2466

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Riyas S/o Hussain – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellants : Dipu James, A. Alfayad, K.M. Firoz
For the Respondents: Najah Ebrahim V.P., T. Shajith, Noushad K.A.

ORDER :

1. This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioners are accused 1 to 9 in Crime No. 369/2025 of Koduvally Police Station, Kozhikode, registered alleging offences punishable under Sections 189 (2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) of Bharatiya Nyaya Sanhitha, 2023 (for short ‘ BNS ’).

3. According to the prosecution, the defacto complainant, who is a lawyer, was travelling on his motorcycle on 29.04.2025 at about 10:00 p.m., when the accused restrained him and brutally assaulted him and thereby committed the offences alleged.

4. I have heard Sri. Dipu James, the learned counsel for the petitioner, Sri. Ahammed Mizaar V.P., the learned counsel for the defacto complainant as well as Sri. Noushad K.A., the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the entire prosecution allegations are false and no such incident as alleged had occurred. It was also submitted that the document produced as Annexure R2(b) is a concocted document, as the date of discharge mentioned in the said document is not correct. It was also submitted that pe

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