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2024 Supreme(Online)(KER) 35951

HIGH COURT OF KERALA
C.S. DIAS, J
SOORAJ – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ALEX K.JOHN, REENA JACOB, NINAN THOMAS, SRAYAS JOSEPH, GEGO GEORGE, PRATHITHA MARIYAM THOMAS

O R D E R

This is the second application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’, for short) by the second accused in Crime No. 267/2024 of the Mavelikkara Police Station, Alappuzha, which is registered against six accused persons for allegedly committing the offences punishable under Sections 143, 147, 148, 149, 341, 294(b), 323, 324, and 427 r/w Section 149 of the Indian Penal Code ('the ’ in short). Subsequently, the offences under Sections 325 and 308 of the IPC and Section 92(b) of the Rights Persons with Disabilities Act were incorporated. The petitioner was remanded to judicial custody on 13.10.2024.

2. The prosecution case, in brief, is that; on 12.03.2024, six accused persons, in prosecution of their common intention, had wrongfully restrained the defacto complainant and assaulted him with sticks. The second accused kicked the defacto complainant on his scrotum, and he suffered a right side scrotal haematocele. Thus, the accused have committed the above offences.

3.Heard; Sri. Alex K. John, the learned counsel appearing for the petitioner and Sri.Sunil Kumar Kuriakose, the learned Public Prosecutor.

4.The learned counsel appearing f

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