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2025 Supreme(Online)(Ker) 55671

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


Advocates:
For the Appellants/Petitioners: SHRI P.A. MUJEEB
For the Respondents: SMT. M K PUSHPALATHA, SR PP

K.BABU, J.

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

B.A No.14139 of 2025 ---------------------------------------

Dated this the 10th day of December, 2025 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.9 in Crime No.1999/2025 of Fort Police Station, Thiruvananthapuram. The offences alleged against the petitioner and the other accused are punishable under Sections 126(2), 296(b), 351(2), 140(1), 115(2), 118(1), 324(4) and 110 r/w Section 3(5) of the Bharatiya Nyaya Sanhita (BNS).

3. The prosecution case as narrated in order in Crl.M.C No.2962/2025 of the District and Sessions Court, Thiruvananthapuram reads thus:

“On 03.10.2025 at about 8.30 p.m., while the defacto complainant was standing with his friend at Pappanamcode Estate Road, accused Nos.3 to 6 wrongfully restrained the defacto complainant, uttered abusive words against him and thereafter kidnapped him to a place near Puthencotta Cemetery Junction. Thereafter, at about 10 p.m., the 2 nd accused kicked the defacto complainant on his chest, and threw a stone on his chest and the 2nd accused using a knife, stabbed the defacto complainant

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