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2026 Supreme(Online)(Ker) 1464

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
GOPINATHAN M T – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Sharan Shahier, Smt.Rhea Sherry, Smt.Angelina Joy, Smt.Umamahaeswary P.M., Smt.Shwetha Maria Solomon, Shri.Shalvin Chamathakal Robin
For the Respondents: Smt.M.K.Pushpalatha

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the accused No.2 in Crime No.992/2025 of Kuttipuram Police Station, Malappuram District. The offences alleged are punishable under Sections 115(2), 105 and 3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on 07.10.2025 at 10.30 am, accused No.1 and accused No.2 attacked the accused No.1's brother and the complainant's husband, Gangadharan, following a dispute over the road on the northern boundary of the house at Atalur, knowing that the complainant's husband had a heart disease and that death might occur. It is further alleged that as a result of the attack, the complainant's husband fell down and he died on the way to the Kuttippuram Govt. Taluk Hospital.

4. I have heard Sri.Sharan Shahier, the learned counsel for the applicant and Smt.M.K.Pushpalatha, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that

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