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2024 Supreme(Online)(KER) 34515

HIGH COURT OF KERALA
C.S. DIAS, J
MANOJKUMAR S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
S.RAJEEV, V.VINAY, M.S.ANEER, SARATH K., P.PRERITH, PHILIP JOSEPH, ANILKUMAR, C.R.K.S.KIRAN KRISHNAN

O R D E R

The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023, (in short ' BNSS ') for an order of pre-arrest bail.

2. The petitioner is the sole accused in Crime No.1337/2024 of the Peroorkada Police Station, Thiruvananthapuram, which is registered against him, for allegedly committing the offences punishable under Sections 105 and 351(3) of the Bharatiya Nyaya Sanhita , 2023 (in short BNS ).

3. The prosecution case, in brief, is that: on 2.9.2024, at 8:30 hours, the accused had an argument with the de facto complainant's father named John Paul (deceased) regarding the construction of a compound wall of their houses near the Devi temple at Muttada. The accused knowing that the deceased was a heart patient and that any attack would accelerate the death of deceased, abused and pushed the deceased on his chest, and placed a chopper on the deceased's neck. On seeing the chopper, the deceased collapsed. Even though the deceased was rushed to the Sree Chithira Thirunal Institute of Medical Sciences and Technology, he was declared dead at 10:30 hours. Thus, the accused has committed the above offences.

4. Heard; Sri.S.Rajeev, the learned counsel a

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