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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SIVA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. narrative of the incident leading to the case. (Para 2 , 3 , 4) |
| 2. arguments presented by both parties regarding bail. (Para 6 , 7) |
| 3. court's reasoning on anticipatory bail principles. (Para 8 , 9 , 10 , 11 , 12) |
| 4. final decision regarding the bail application. (Para 13) |
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 iss
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