O R D E R

This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita.

2. Petitioner is the sole accused in Crime No.99 of 2025 of Vattappara Police Station, Thiruvananthapuram. The above case is registered against the petitioner alleging offences punishable under Sections 74 , 115(2), 296(b), 324(4) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’).

3. The prosecution case is that the petitioner, who is a member of Vettinad Ward, due to the animosity that the defacto complainant refused to remove the plants placed in front of her nursery namely “Ethen Garden”, on 31.01.2025 at about 10:30 a.m., the accused came to her nursery and after uttering obscene words slapped her left cheek and kicked her after causing mischief by destroying the plants worth Rs.25,000/-. Hence, it is alleged that the accused committed the offence.

4. Heard counsel for the petitioner and the Public Prosecutor.

5. Counsel for the petitioner submitted that the only non-bailable offence alleged is under Section 74 of BNS . The counsel submitted that even if the entire allegations are accepted, the ingredients of Section 74 of is not attracted. The counsel submitted that the