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2025 Supreme(Online)(Ker) 52216

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


Advocates:
For the Appellants/Petitioners: SRI.T.A.UNNIKRISHNAN, SHRI.ARJUN VARMA, SMT.T. SREELAKSHMI UNNIKRISHNAN, SHRI.ROHITH R.
For the Respondents: SRI. G. SUDHEER, PP

O R D E R

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

2. The petitioner is the sole accused in Crime No.803/2025 of Vandiperiyar Police Station. The offences alleged against the petitioner are punishable under Sections 296(b), 115(2), 118(1) and 351(2) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, as narrated in Annexure-1 order reads thus:

“Due to enmity towards the defacto complainant, on 23.09.2025 at O3:15 pm., the petitioner uttered obscene words against the defacto complainant in front of his courtyard at Nellimala Estate Layam, Vandiperiyar kara and assaulted behind his head by using a stick and also threatened to kill him.” [sic.]

4. The case of the petitioner, as narrated in Annexure-1 order reads thus:

“The petitioner is an employee of the POBES company as a Pump Operator. As per the directions and guidelines issued by the POBES company the petitioner supply water to the layam as specified intervals directed by the POBES Company. It is further submitted that the defacto complainant alone residing in the Estate Layam and he was always in a drunken mood and he was always lazy and he did not case t

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