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2024 Supreme(Online)(KER) 56288

HIGH COURT OF KERALA
DAVID @ VINEETH – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

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

2. Petitioners are accused Nos.1 and 2 in Crime No.1322/2024 of Alappuzha North Police Station. The above case is registered against the petitioners and others alleging offences punishable under Sections 126(2), 296(b), 118(1) and

3(5) of the Bharatiya Nyaya Sanhita (for short, BNS).

3. The prosecution case is that, on 08.09.2024 at

4:45 pm, the accused Nos.1 to 3, in furtherance of their common intention, attacked the defacto complainant's son Arun and his brother's son Ani and Paul. It is alleged that the 1st accused used weapon and the main overt act is from the 1st accused.

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

5. The counsel for the petitioners submitted that there is no fracture and only offence under Section 118 (1) of BNS is there in the FIR. The counsel submitted that the petitioners are ready to abide any conditions if this Court grant them bail. The Public Prosecutor opposed the bail application and submitted that the offence under Section 118(2) of BNS is subsequently added. It is also submitted that the 1st accused has criminal antecedents and he is involved

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