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2025 Supreme(Online)(Ker) 26917

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SHYJU S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Suman Chakravarthy, Smt.K.R.Rija, Smt.Brejitha Unnikrishnan, Shri.Sudeesh K.E., Smt.Surya R., Shri.Prahladh S.P.
For the Respondents: Sri. Prasanth M.P., PP

Table of Content
1. allegations against the accused for cutting a tree. (Para 2 , 3)
2. arguments regarding necessity for custodial interrogation. (Para 4 , 5)
3. consideration of limited custody sufficiency. (Para 6 , 7)
4. guidance for anticipatory bail considerations. (Para 8)
5. final ruling allowing bail with conditions. (Para 9)

O R D E R

This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioner is the accused in Crime No.1243 of 2025 of Adoor Police Station, Pathanamthitta, registered for the offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’).

3. According to the prosecution, the accused had cut and removed a Vaka tree standing on the side of a public road and thereby caused a loss of Rs.50,000/- to the Government and thus committed the offences alleged.

4. Smt.Suman Chakravarthy, the learned counsel for the petitioner submitted that prosecution allegations are false and the incident as alleged has not occurred. It was also submitted that the branches of the tree caused danger to the public and repeated complaints were given by Sri.Ayoob Khan, the employer

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