O R D E R

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 to 4 in Crime No.461/2024 of the Varapuzha Police Station, Ernakulam, which is registered against the accused for allegedly committing the offences punishable under Sections 115(2), 118(1), 351(3) and 110 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’, for the sake of brevity).

3. The crux of the prosecution case is that:

on 02.07.2024, at around 01:00 hours, the accused, in furtherance of their common intention and due to their previous animosity towards the defacto complainant, the first accused uttered obscene words at the defacto complainant and threatened to finish him off.

Accordingly, the first accused waved a spade against the defacto complainant, which he resisted, but he fell down into the nearby stream. At that time, the 1st accused stabbed the defacto complainant on his head with the sharp edged portion of the spade, and he suffered injuries. At that point of time, the accused 2 to 4 reached the scene of occurrence, and the 1st accused caught hold of the neck of the defacto complainant and imm