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2025 Supreme(Online)(Ker) 52478

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


Advocates:
For the Appellants/Petitioners: SRI.M.R.SASITH
For the Respondents: SRI. M.C. ASHI, SR.PP

Table of Content
1. factual background of the case (Para 1 , 2 , 3)
2. arguments presented by the petitioners and respondent (Para 4 , 5 , 6)
3. court's observations regarding the mens rea (Para 7 , 8)
4. principles of anticipatory bail discussed (Para 9 , 10 , 11)
5. final decision on the bail application (Para 12)

ORDER

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

2. Petitioners are accused Nos.1 and 2 in Crime No.1598 of 2025 of Paravoor Police Station. The offences alleged are punishable under Sections 296 (b), 126(2), 115(2), 118(1), 118(2) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 ( for short ‘BNS’).

3. The prosecution case, as narrated in Annexure A2 order reads thus:

“On 06.10.2025 at 05.30 pm., the petitioner had assaulted the complainant aged 24 years by striking his hand with an iron rod apart from applying other criminal force on him.” [sic.]

4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

5. The learned counsel for the petitioners submitted that the petitioners had not used any of the weapons as alleged. It is further submitted that the petitioners did not have the mens

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