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2025 Supreme(Online)(Ker) 57999

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
UDAYAKRISHNAN M.M – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.G.P.SHINOD, SHRI.AJIT G ANJARLEKAR, SRI.GOVIND PADMANAABHAN, SRI.ATUL MATHEWS, SMT.GAYATHRI S.B.
For the Respondents: ADV M C ASHI SR PP

ORDER This application seeking anticipatotry bail has been filed by the second and third accused in Crime No.883/2025 of Peerumedu Police Station, registered alleging commission of offences punishable under Sections 296(b), 115(2), 118(2), 3(5), 238 of the Bharathiya Nyaya Sanhita , 2023.

2. The case of the prosecution is that, due to a previous animosity towards the defacto complainant, on 09.09.2025 at 4.30pm, in front of the Beverages Shop at Elappara, the petitioners along with the other accused, in furtherance of their common intention, abused the defacto complainant and the 1st accused hit on the right rib portion of the defacto complainant with an iron bangle and caused fracture to his two ribs. Moreover, all the accused manhandled the defacto complainant.

3. According to the learned counsel for the petitioners, the petitioners are youngsters having no criminal background. The learned counsel submitted that the petitioners were arrayed as accused in this case on the basis of mistaken identity. Moreover, it is contended that, as the main overt acts are assigned to the 1st accused, custodial interrogation of the petitioners is unwarranted and they are entitled to get anticipa

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