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2025 Supreme(Online)(Ker) 53472

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


Advocates:
For the Appellants/Petitioners: SRI.K.RAJESH KANNAN, SHRI.PRAVEEN N. PILLAI
For the Respondents: SRI.M.C.ASHI, SR.P.P.

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.1 in Crime No.951/2025 of Anthikkad Police Station. The offences alleged against the petitioner and the other accused are punishable under Section s 126 (2), 115(2), 118(1), 296(b), 351(2), 110 read with Section 3(5) of the Bharatiya Nyaya Sanhita ( BNS ).

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

“Due to previous enmity towards defacto complainant, on 05.11.2025 at 19.00 hours the accused Nos.1 to 4 in furtherance of their common intention, wrongfully restrained the defacto complainant near Kuruvan Kattil Temple, Puthanagadi, voluntarily caused hurt to him with their legs and hands, criminally intimidated him by showing a knife. Further they had pulled the mother of the defacto complainant while she tried to obstruct the assault towards the defacto complainant made by the accused. If the defacto complainant did not evade the assault made by the accused No.1 with a knife, it will result in his death. ”(sic)

4. The petitioner was arrested on 06/11/2025 and he has been in judicial custody since then.

5. Heard the lea

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