ORDER

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

2. The petitioners are accused Nos.1 and 2 in Crime No.1094/2025 of Varkala Police Station. The offences alleged against the petitioners are punishable under Sections 189(2), 190, 191(2), 296(b), 126(2) and 351(2) of the Bharatiya Nyaya Sanhitha , 2023 (for short ‘BNS’) and Section 3 (1) of the Prevention of Damage to Public Property Act , 1984.

3. The prosecution case as narrated in Annexure-A2 order, reads thus:

“on 16.07.2025 in between 10.15 a.m. to 02.00 p.m. Accused nos. 1 to 4 and other accused who are Congress workers trespassed into Homeo Dispensary of Vettur Gramapanchayath Office and threw away the medicines and destroyed it and also vandalized the Citizen Felicitation Center. Accused committed mischief to the public property to the tune of ₹5,000. (sic).”

4. Heard the learned counsel for the petitioners and the learned Senior Public Prosecutor. 5. The learned counsel for the petitioners submitted that the petitioners are political workers and they have been implicated in this crime due to political enmity. It is submitted that, due to the political rivalry based