HIGH COURT OF KERALA
P. G. Ajithkumar, J
KUBENDRAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. incident details (Para 3) |
| 2. petitioner's defense (Para 6) |
O R D E R
This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.
2. The petitioner is the 1st accused in Crime No.726/2024 of Udumbanchola Police Station, Idukki. The above case is registered against the petitioner alleging offence punishable under Section 118 (2) of the Bharatiya Nyaya Sanhita ( BNS ), 2023.
3. The prosecution case is that the defacto complainant, while trespassing into the cardamom plantation of the petitioner, the accused attacked him and the defacto complainant sustained a fracture. Hence, it is alleged that the accused committed the offence.
4. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor. 5. Admittedly, the place where the alleged incident happened belongs to the petitioner. According to the defacto complainant he went to the place to pluck medicinal plants. But, the petitioner says that there is regular theft in his estate and when he saw the defacto complainant he questioned him and there was a wordy quarrel between them. I don’t want to make any observation about the merit of the case. Consid
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