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2024 Supreme(Online)(KER) 56277

HIGH COURT OF KERALA
NASAR.M.K – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

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

2. Petitioner is the accused in Crime No.1273/2024 of Manjeri Police Station. The above case is registered against the petitioner alleging offences punishable under Section 126(2), 115(2) and 74 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

3. The prosecution case is that, on 24.09.2024 at 01:00pm, accused with identifiable persons went to the house of the defacto complainant asking for the son of the nephew of the petitioner and when she replied that child is not there, accused uttered abusive words and pushed her down by caught hold of neck and when she was laying on the floor accused pressed her breast, in the scufÒe her maxi was torn. Hence, it is alleged that the accused committed the offence.

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

5. The counsel for the petitioner submitted that, even if the entire alleagations are accepted, the offence under Section 74 of BNS is not attracted. The counsel submitted that the only non-bailable offence is under Section 74 of the BNS. The counsel also submitted that the incident happened in connectin with the

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