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2025 Supreme(Online)(KER) 3558

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
SWATHISH SATHYAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.V.VIBIN, P.S.POOJA, SRI. G. SUDHEER, PP

Table of Content
1. accused alleged assault (Para 2 , 3 , 4)
2. counsel for petitioner (Para 5)
3. public prosecutor opposition (Para 6)
4. court's consideration (Para 7 , 8 , 9 , 10)

O R D E R

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioner is an accused in Crime No.1197/2024 of Njarakkal Police Station, Ernakulam. The above case is registered against the petitioner alleging offences punishable under Sections 115(2) and 126(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 and also under Section 92 (a) and 92(b) of the Rights of Persons with Disabilities Act , 2016.

3. The prosecution case is that, because of the enmity that the defacto complainant stood with and supported his friend Xavier even after he was removed from the political party, the accused called the defacto complainant through mobile phone to Shoolapani Junction, Valappu and when the defacto complainant reached there, the petitioner punched on the left disabled eye of the defacto complainant by uttering insulting words regarding his disability and pulled on his chest, resultantly the victim sustained injury. Hence, it is alleged that the accused committ

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