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2025 Supreme(Online)(Ker) 49926

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
RIZAM MOHAMMED – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.I.SAGEER, SRI.S.MUJEEB RAHIMAN, SRI.MUHAMMED YASIL, SHRI.SURYANATH S.
For the Respondents: SMT. M.K. PUSHPALATHA, SR.P.P

ORDER

This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioner is accused No.3 in Crime No.175/2025 of Neyyattinkara Police Station. The offences alleged against the petitioner are punishable under Sections 189 (2), 191(2), 190, 121(1), 263(a), 263(b) and 265 of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

3. The prosecution case, as narrated in Annexure-A3 order, reads thus:

“Accused Nos. 1 to 5 formed themselves into an unlawful assembly, knowing that they were members of that assembly, and in furtherance of the common object of that assembly, on 25.01.2025 at about 20:50 hours at Pachikode, obstructed a police vehicle that was transporting a handcuffed accused(A2) in Crime No. 134/2025 of Neyyattınkara Police Station. Subsequently, accused Nos. 1 and 3 to 4 pulled the said 2nd accused out of the vehicle in an attempt to help him escape from police custody. When the de facto complainant tried to obstruct them, the 1st accused beat him on the chest and kicked his abdomen, facilitating the handcuffed accused's escape from police custody, thereby obstructing the official duty of the de facto complainant. (s

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