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2025 Supreme(Online)(Ker) 53038

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ABHAY SURESH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.T.SAJU, SRI.SRINATH C.V.
For the Respondents: ADV.M K PUSHPALATHA, SR. PP

Table of Content
1. facts of assault and severity of injuries. (Para 2)
2. arguments for bail and opposition concerning investigation. (Para 4 , 5)

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking pre-arrest bail.

2. The applicant is accused No.3 in Crime No.1465/2025 of Puthencruze Police Station, Ernakulam. The offences alleged are punishable under Sections 296 (b), 351(2), 115(1), 118(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 ( BNS ).

3. The prosecution case, in short, is that on

15.09.2025 at about 8.30 p.m., while the defacto complainant was moving through Chenganattu Junction from the IOC petrol pump, the accused, four in numbers, due to previous animosity, kicked on the chest of the defacto complainant, as a result of which he fell down on the ground. Thereafter, accused nos.1 to 4 started to assault him with an iron weapon in their hands, causing fracture of the nasal bone and left zygomatic arch of the defacto complainant and thereby committed the aforesaid offences.

4. I have heard Sri.Saju K.T., the learned counsel for the applicant and Sri.M.K. Pushpalatha, the learned Senior Public Prosec

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