ORDER

The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (in short, ' BNS S ') by the sole accused in Crime No.1623/2024 of the Vaikom Police Station, Kottayam, which is registered against him for allegedly committing the offences punishable under Sections126(2), 118(1), 109(1) and 238 of the Bharatiya Nyaya Sanhita (in short, ' '). The petitioner was remanded to judicial custody on 07.10.2024.

2. The crux of the prosecution case is that: on 06.10.2024, at 21:45 hours, the accused, out of his previous animosity towards the defacto complainant, had wrongfully restrained the defacto complainant and inflicted a cut injury on his neck and attempted to commit his murder. Thus, the accused has committed the above offecnes.

3. Heard; Sri.T.A.Unnikrishnan, the learned counsel appearing for the petitioner and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is innocent of the accusations leveled against him. There is no material to substantiate the petitioner's culpability in the crime. The Investigating Officer has deliberately incorporated Section 109 of the BNS to se