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2025 Supreme(Online)(Ker) 53804

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
VISHNU. N., AGED 20 YEARS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.PRASOON.K.P, SMT.ANU PRABHAKAR, SMT.ABHIRAMI P.S., SMT.SWATHYKRISHNA K.
For the Respondents: ADV M C ASHI, SR PP

Table of Content
1. allegations of armed criminal acts during public procession. (Para 2 , 3)
2. court's rationale emphasizes insufficient grounds for custodial interrogation. (Para 4 , 6)
3. defense argues for innocence and lack of evidence. (Para 5)

ORDER

This application is filed u/s 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

2. The applicants are the accused Nos.4 and 6 in Crime No.887/2025 of Kuttiadi Police Station, Kozhikode. The offences alleged are punishable under Section s 189 (2), 191(2)(3), 126(2), 115(2), 118(1), 74 and 324(4) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS)

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

“On 14.9.2025, while defacto complainant was participating in the procession in connection with Sree Krishna Jayanthi and when he reached near transformer mukku, these petitioners with intention to disturb the procession has criminally trespassed into the procession, armed with deadly weapons and destroyed the autorickshaw bearing registration number KL-18/AD-7362 with an iron rod and thereafter has attacked the defacto complainant with hands and the said iron rod. When

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