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2026 Supreme(Online)(Ker) 1402

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
BIJU MON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.KURIAN ANTONY MATHEW, SRI.ARUN THOMAS, SMT.VEENA RAVEENDRAN, SMT.KARTHIKA MARIA, SRI.ANIL SEBASTIAN PULICKEL, SHRI.MATHEW NEVIN THOMAS, SHRI.KARTHIK RAJAGOPAL, SHRI.SHINTO MATHEW ABRAHAM, SMT.APARNNA S., SHRI.NOEL NINAN NINAN, SMT.ANNA MARY MATHEW, SHRI.ADEEN NAZAR, SHRI.ARUN JOSEPH MATHEW, SHRI.ROHAN MATHEW
For the Respondents: SRI.M.C.ASHI, SR. PP.

Table of Content
1. application for bail filed. (Para 1)
2. nature of accusations and crime. (Para 2 , 3)
3. arguments for and against bail. (Para 4 , 5)

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ) seeking regular bail.

2. The applicant is the accused in Crime No. 1745/2025 of Kattappana Police Station, Idukki District. The offence alleged was punishable under Sections 124 (1) of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS ). During the period of investigation, the victim passed away and therefore Section 124 (1) of was substituted with Section 103 (1) of the .

3. The prosecution case, in short, is that on 03.11.2025 at 10.30 pm, the deceased reached in front of the applicant's house at Valiyapara Bhagam, Kattappana Village and abused the applicant and his family by hurling filthy and abusive words against them. At that time, the applicant threw hot water mixed with chilly powder on the deceased thereby injuring him. The deceased was taken to Kottayam Medical College and during the course of treatment, he passed away on 10.11.2025 and thereby the applicant has committed the offence.

4. I have heard

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