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2025 Supreme(Online)(Ker) 45831

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


Advocates:
For the Appellants/Petitioners: SRI.NIREESH MATHEW, SRI.VIVEK VENUGOPAL, SRI.BABU JOSE, SHRI.GAJENDRA SINGH RAJPUROHIT, SHRI.ATHUL POULOSE, SHRI.AKHIL GEORGE
For the Respondents: SRI. PRASANTH M.P.

Table of Content
1. facts surrounding the charges against the petitioner. (Para 1 , 2 , 3)
2. court's observations on the necessity of bail. (Para 4)
3. arguments made by counsel regarding the case. (Para 5 , 6)
4. conditions of bail and decision to grant. (Para 8)

ORDER

This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioner is the first accused in Crime No. 636/2025 of Kodakara Police Station, Thrissur district, registered alleging offences punishable under Sections 126 (2), 115(2), 118(1), 296(b) and 110 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’) and Section 92 (b) of the Rights of Persons with Disabilities Act , 2016.

3. According to the prosecution, on 27.07.2025 at 06.00 pm, while the defacto complainant who is blind in one eye and a person whose right index finger is amputated was cleaning the waste in the front portion of his house, the 2nd accused verbally abused him and the 1st accused using a weapon assaulted him on the head which was evaded, if not, it would have resulted in his death, and thus the accused committed the offences alleged. Petitioner was arrested on

2

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