HARIPRASAD AGED 26 YEARS S/O. STHYAN, KALRICKAL HOUSE, CHEMMANOOR DESOM, ARTHAT VILLAGE, KUNNAMKULAM, THRISSUR, PIN - 680503 vs STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2025 Supreme(Online)(Ker) 45950

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
HARIPRASAD AGED 26 YEARS S/O. STHYAN, KALRICKAL HOUSE, CHEMMANOOR DESOM, ARTHAT VILLAGE, KUNNAMKULAM, THRISSUR, PIN - 680503 – Appellant
Versus
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 – Respondent

Advocates:
For the Appellants/Petitioners: SHRI.K.N.ABHILASH, SHRI.SUNIL NAIR PALAKKAT, SHRI.RISHI VARMA T.R., SHRI.RITHIK S.ANAND, SHRI.SREEJITH A., SMT.TEENA M. ASHOK
For the Respondents: ADV.SMT.SREEJA V - PP

Table of Content
1. allegations detail the assault incident (Para 2 , 3 , 5)
2. differentiated consideration based on accused involvement (Para 6)
3. denying bail to principal accused warranted (Para 7)

ORDER

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

2. Petitioners are accused Nos.1 to 8 in Crime No.904/2025 of Kunnamkulam police station registered for the offences punishable under Sections 189 (2), 191(2), 191(3), 115(2), 118(1), 109, 351(3), and 190 of the Bharatiya Nyaya Sanhita , 2023( BNS ).

3. The prosecution case is that the accused assaulted the defacto complainant on 27.07.2025 and the 1^st accused hit the defacto complainant with a hammer on his head leading to serious injuries and thereby the accused committed the offences alleged. Petitioners were arrested on 29.07.2025 and they have been in custody, since then.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. On a reading of the FIR, it is seen that the accused have assaulted the defacto complainant using a helmet, while the 1^st accused took out a hammer and hit the defacto complainant on his head, resu

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