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2025 Supreme(Online)(Ker) 53418

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


Advocates:
For the Appellants/Petitioners: Sri. Nireesh Mathew
For the Respondents: Sri. M.C. Ashi

K.BABU, J.

--------------------------------------

B.A No.14034 of 2025 --------------------------------------- Dated this the 28th day of November, 2025 O R D E R This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is the accused in Crime No.1000/2025 of Kattoor Police Station. The offences alleged against the petitioner are punishable under Sections 126 (2), 117(3) and 115(2) of the Bharatiya Nyaya Sanhita , 2023 ( BNS ).

3. The prosecution case, as narrated in Annexure 2 order, read thus:

“On 25-10-2025 at 22:30 hours, near to Chembazhanthi Auditorium, at Edakkulam, accused wrongfully restrained the nephew of defacto complainant and assaulted him. Thereby he sustained injuries to his kidney and other parts.”[SIC]

4. The petitioner was arrested on 03.11.2025 and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that there is no allegation that the petitioner used any weapon.

7. The learned Public Prosecutor opposed the bail plea of the petitioner. The learned Public Prosecutor submitted that the v

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