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2025 Supreme(Online)(Ker) 34080

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SIDHAN@ SIDHARATHAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri. Ajeesh K. Sasi, Sri. P. Vijayabhanu (SR)
For the Respondents: Sri. Noushad K. A. (PP), Sri. Dinesh Mathew J. Muricken

Table of Content
1. apprehension of arrest and allegations (Para 1 , 2)
2. arguments against bail maintainability due to sc/st offences (Para 3 , 4)
3. court's ruling on bail application dismissal (Para 5)

O R D E R

Petitioner apprehends arrest in Crime No.371 of 2025 of Kodakara Police Station, Thrissur, registered alleging offences punishable under Sections 126 (2), 118(1), 296(a) and

110 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’).

2. According to the prosecution, on 16.04.2025, due to a previous animosity the accused restrained the de facto complainant and inflicted injuries on him and thereby committed the offences alleged.

3. I have heard Sri.P Vijayabanu, the learned senior counsel as instructed by Sri.Ajesh K Sasi, on behalf of the petitioner, Sri.Noushad K A, the learned Public Prosecutor and and Sri.Dinesh Mathew J Murikan, the learned counsel for the de facto complainant.

4. The learned Public Prosecutor, upon instructions, and the learned counsel for the de facto complainant submitted that this bail application is not maintainable since the offence under SC/ST Act has been incorporated.

5. Since the offence under SC/ST Act has been incorporated, in the light of

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