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2025 Supreme(Online)(Ker) 53465

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


Advocates:
For the Appellants/Petitioners: SRI.VISHNUPRASAD NAIR, SRI.C.PRATHAPACHANDRAN PILLAI
For the Respondents: PUBLIC PROSECUTOR, ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.C.K.SURESH, SR.P.P. TO ADGP

Table of Content
1. summary of the offense details. (Para 2 , 3 , 4)
2. arguments for and against bail. (Para 6 , 7 , 9)
3. court's considerations for bail. (Para 8)
4. final decision on bail. (Para 11)

O R D E R

This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

2. The petitioner is accused No.2 in Crime No.59/2025 of Thondernadu Police Station, Wayanad. The offences alleged against the petitioner and the other accused are punishable under Sections 103(1), 238(a), 61(2)(a) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS).

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

“ Accused Nos.1 and 2 had hatched a Conspiracy to do away with Mukhim Ahammed, and in furtherance of that conspiracy, accused No.1 had purchased a knife from Keezhatta Mammootty's shop at 10th Mile in Vellamunda and a cardboard box from Adukkath Abdulla's house, and kept it in their house and thereafter accused Nos.1 and 2 had borrowed a scooter bearing Reg. No. KL 72 D 6663 belonging to Usman who is running a chicken stall in Kaappikandi Junction on 31.01.2025at 10:45am and gone to Kandathuvayal and borrowed a Redmi A2 mobile phone with S

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