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2025 Supreme(Online)(Ker) 20654

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ARUN R. – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 107/2025



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946 BAIL APPL. NO. 462 OF 2025 CRIME NO.1806/2024 OF PUNALUR POLICE STATION, KOLLAM PETITIONER(S)/ACCUSED NO.3:

VISAKH, AGED 26 YEARS, VAISAKH BHAVAN, PLACHERY P.O, MYLACKAL, PUNALUR, VALACODE, PLACHERRY, KOLLAM, KERALA, PIN – 691 331 BY ADVS.

NIDHIN RAJ VETTIKKADAN ANJALA NAZRIN SUBAIR ANJO FRANCIS RESPONDEN T ( S )/COMPLAINAN T :

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031 BY ADV.

SRI. HRITHWICK C.S., PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.02.2025, ALONG WITH Bail Appl..107/2025, 563/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946 BAIL APPL. NO. 107 OF 2025 CRIME NO.1806/2024 OF PUNALUR POLICE STATION, KOLLAM PETITIONER(S)/ACCUSED(A4):

ARUN R., AGED 33 YEARS, S/O. RAJU, MANIMANDIRAM, MURIYANTHALA, MYLAKKAL, KOCHYPLACHERY P.O., PUNALUR, KOLLAM DISTRICT, PIN – 691 331 BY ADVS.

K.V.ANIL KUMAR RADHIKA S.ANIL NIJAZ JALEEL RESPONDEN T ( S )/COMPLAINAN T :

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV.

SRI. NOUSHAD K.A., SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.02.2025, ALONG WITH Bail Appl..462/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946 BAIL APPL. NO. 563 OF 2025 CRIME NO.1806/2024 OF PUNALUR POLICE STATION, KOLLAM PETITIONER(S)/ACCUSED NO.2:

VISHAL B AGED 23 YEARS, VAISHAKH BHAVAN, MURIYANTHALA, PLACHERY P.O,PUNALUR, VALACODE(PART), P.O, PLACHERRY, KOLLAM, PIN – 691 331 BY ADVS.

VANESHA VISWAMBARAN M.B.SOORI RESPONDEN T ( S )/COMPLAINAN T :

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682 031 BY ADV.

SRI. HRITHWICK C.S., SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.02.2025, ALONG WITH Bail Appl..462/2025 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

------------------------------------------------------

BA Nos.462, 107 and 563 of 2025 ------------------------------------------------------- Dated this the 05th day of February, 2025

O R D E R

These Bail applications are filed under Section

482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. These three bail applications are connected and therefore, I am disposing of these three cases by a common order.

2. The petitioners are accused in Crime No.1806/2024 of Punalur Police Station, Kollam. The above cases are registered against the petitioners alleging offences punishable under Sections 296(b), 126(2), 115(2), 118(1), 324(4), 351(3), 110 r/w 3(5)

of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The prosecution case is that the petitioners in these cases hurled insult against the defacto complainant and manhandled him and his friends and caused injury to the right eye of the defacto complainant. It is also alleged that the accused vandalized the car and a bike belongs to the defacto complainant and thereby caused a loss of Rs.40,000/-. Hence, it is alleged that the accused committed the offence.

4. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. 5. The Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that all the accused have got criminal antecedents.

6. After hearing the counsel for the petitioners in detail, I am of the considered opinion that, it is not a fit case in which the bail can be granted under Section 482 of BNSS. At this stage the counsel for the petitioners submitted that, the petitioners are ready to surrender before the Investigating OfÏcer. The counsel also submitted that, the

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