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2025 Supreme(Online)(Ker) 52223

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MOHANAN PILLAI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.V.ANIL KUMAR, SMT.RADHIKA S.ANIL, SHRI.NIJAZ JALEEL, SHRI.NITHISH R. PILLAI
For the Respondents: SHRI.K.S.SHERIMON, SMT. SREEJA V., PP, SRI.NOUSHAD K.A.

JUDGMENT

These appeals are preferred challenging orders dated

03.09.2025 in Crl.M.P.No.6957/2025 and Crl.M.P.No.6958/2025 both on the files of the Sessions Court, Pathanamthitta.

2. The appellant in Crl.Appeal No.1789/2025 is the first accused, while the appellant in Crl.Appeal No.1785/2025 is the fourth accused in Crime No.1689/2025 of Adoor Police Station, Pathanamthitta. The said crime has been registered alleging commission of offences punishable under Sections 85 , 296(b), 115(2), 126(2), 117(2) and 74 read with Section 3(5) of the Bharatiya Nyaya Sanhita , 2023, apart from Section 31 (1) of the Protection of Women from Domestic Violence Act , and Section 3(2)(v a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short ‘the SC/ST Act’).

3. The Prosecution alleged that on 28/07/2025, the first accused abused the defacto complainant by calling her by her caste name, and as belonging to an inferior caste and also assaulted her by strangulation and pushing her down. While the second accused slapped the complainant repeatedly, the third accused restrained her during the scuffle. The first accused is also alleged to have slapped her on the

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