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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

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 rea for the commission of the alleged offences. The case of the petitioners is that the present crime has been registered due to previous enmity towards them. The learned counsel also submitted that the petitioners have no criminal antecedents.

6. The learned Public Prosecutor opposed the bail plea of the peti

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