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2025 Supreme(Online)(Ker) 50982

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
NITISHMON B.C – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Boby Thomas, Shri.Winston K.V, Shri.G.Motilal, Smt.K.M.Fathima, Shri.Paul T. Samuel
For the Respondents: ADV M C ASHI SR PP

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking pre-arrest bail.

2. The applicant is the accused No.1 in Crime No.1061 of

2025 of Keezhvaipur Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 3 32 (c) and 118(1) r/w 3(5) of the Bharatiya Nyaya Sanhita , 2023 ( for short, ' BNS ').

3. The prosecution case, in short, is that on 02.10.2025 at about 8 pm, the applicant along with the accused No.2 trespassed into the residential house of the defacto complainant and assaulted him using a wooden log.

4. I have heard Sri.Boby Thomas, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if h

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