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2025 Supreme(Online)(Ker) 52061

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


Advocates:
For the Appellants/Petitioners: SRI. RAJESH CHAKYAT, SMT. ATHIRA K. SALIM
For the Respondents: SRI. G. SUDHEER, PP

ORDER

This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.

2. The petitioner is accused in Crime No.861/2025 of Aloor Police Station. The offences alleged against the petitioner are punishable under Sections 333 , 126 (2), 115 (2), 351 (2) and 110 of the Bharatiya Nyaya Sanhita ( BNS ), 2023.

3. The prosecution case, as narrated in Annexure A1 order reads thus:

“On 29.10.2025 at 10.00 hours, the the petitioner/accused due to previous enmity towards the de facto complainant, criminally trespasscd into the house of the de facto complainant at Avittathur and slapped on the face of the mother of de facto complainant and pulled her hair and pushed her down. Thereafter, the accused threatened the de facto complainant that he would kill her and wrongfully restrained her and hit on the face and body of the de facto complainant and pushed her down. The accused pulled her hair and hit her head upon the tile on several times and thereby sustained injuries on her left side of fore hcad and back side of her right ear and left foot. Due to the attack of the accused, the mother of the de facto complainant sustained injuries on her nose and foreh

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