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2025 Supreme(Online)(Ker) 58111

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
JOSHY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ABDUL RAHOOF P.M., SMT.UMMUL FADLA T., SHRI.K C MOHAMED RASHID, SRI.SHAHIM BIN AZIZ, SRI.M.I.ANWAR SADATH, SMT.FARSANA A.S.
For the Respondents: SRI. M.C.ASHI, SR.PP

Table of Content
1. bail application filed under section 482 bnss. (Para 1 , 2)
2. allegations include unlawful assembly and assault. (Para 4)
3. arguments presented for and against bail. (Para 5 , 6 , 7)
4. court's considerations regarding custodial interrogation. (Para 8 , 9 , 10)
5. bail granted with specific conditions. (Para 11)

ORDER

This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioners are accused Nos.1 and 2 in Crime No.1121/2025 of Chalakudy Police Station registered for the offences punishable under Section s 189 (2), 191(2), 115(2), 118(1) and 351(2) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case is that on 06.09.2025, at about

7:00 p.m., the accused formed an unlawful assembly near Apsara Bar, Chalakkudy, with the common object of taking vengeance against one Mr.Tenson, who is the cousin of the de facto complainant and who had withdrawn from the marriage alliance with the 4th accused in the above crime. It is alleged that the accused thereafter wrongfully restrained and attacked Mr.Tenson with weapons. During the same transaction, accused Nos.1 to 3 assault

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