IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
RAJESH – Appellant
Versus
STATE OF KERALA – Respondent
ORDER
Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 [for short, ‘ BNSS ’].
2. Petitioners are accused 1 to 6 and 8 in Crime No,277/2025 of Kadinakulam Police Station registered for the offences punishable under Sections 189 (2), 189(4), 191(2), 190, 296(b), 115(2), 118(1), and 74 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that on 16.03.2025 the accused, due to an animosity, formed themselves into an unlawful assembly and in furtherance of their common object slapped the de facto complainant and assaulted his father with a reaper while some of the accused hit him on the nose, and forehead with the key of a scooter and also stabbed him, and thereby committed the offences alleged.
4. The learned counsel for the petitioner submitted that petitioners have been falsely arrayed as accused and they have no involvement in the alleged crime.
5. The learned Public Prosecutor opposed the bail application and submitted that during the course of investigation, offence punishable under Section 118 (2) BNS has been added, and therefore, custodial interrogation of the petitioners are essential for the recovery of weapons.
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