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2024 Supreme(Online)(KER) 21227

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


O R D E R

Dated this the 8 th day of August , 202 4 The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS', for short), by the accused 1 to 4 in Crime No.495/2024 of the Pothanikadu Police Station, Ernakulam, which is registered against the four accused persons, for allegedly committing the offences punishable under Sections 109(1), 118(1), 126(2) and 296(b) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS', for short). The third accused was arrested on 21.07.2024 and the accused 1, 2 and 4 had surrendered on 22.07.2024.

2. The essence of the prosecution case is that;

on 19.07.2024, at around 21:30 hrs., the accused in furtherance of their common intention to murder the de facto complainant, the first accused had uttered obscene words at the de facto complainant and the second accused hit him with an iron block on his head and cheek and when he fell down, the first accused kicked him and the second accused again hit him with an iron block on his head and he suffered grievous injuries. When the de facto complainant's friend attempted to rescue him, the accused 3 and 4 wrongfully restrained and assaulted him. Thus, the accused have

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