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2024 Supreme(Online)(KER) 42494

HIGH COURT OF KERALA
SHARAFUDHEEN – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

Dated this the 4th day of October, 2024 The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for an order of pre-arrest bail.

2. The petitioners are the accused 1 and 2 in Crime No. 403/2024 of the Kolavallur Police Station, Kannur, which is registered against the accused persons for allegedly committing the offences punishable under Sections 126(2), 118(1), and 351(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita (‘the BNS’ for short), 2023. Subsequently, Section 118(2) of the BNS was also incorporated.

3. The essence of the prosecution case is that: on 21.07.2024, at around 21:30 hours, while the defacto complainant and his four friends were fishing in a paddy field, the first accused assaulted the defacto complainant on his face with the torch, and he suffered grievous injuries. Then, the second accused threatened the defacto complainant and his friends that they would be murdered. Thus, the accused have committed the above offences.

4. Heard; Sri. Bonny Benny, the learned counsel appearing for the petitioners and Smt. Seetha.S., the learned Senior Public Prosecutor appearing for the respondents.

5. The learned counsel for the petiti

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