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2026 Supreme(Online)(Ker) 2228

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


Advocates:
For the Appellants/Petitioners: SHRI.JASNEED JAMAL, SRI.P.SAMSUDIN, SMT.DEVIKA E.D., SMT.LIRA A.B.
For the Respondents: SMT.M.K.PUSHPALATHA

Judgement Key Points

The accused are alleged to have committed offences punishable under multiple sections of the Bharatiya Nyaya Sanhita (Bharatiya Nagarik Suraksha Sanhita). Specifically, the prosecution case mentions the following sections:

  • Section 189(2)
  • Section 191(2)
  • Section 191(3)
  • Section 126(2)
  • Section 115(2)
  • Section 118(1)
  • Section 296(b)
  • Section 351(3)
  • Section 110 read with Section 190

These sections encompass various criminal offenses, including wrongful restraint, assault, use of deadly weapons, and other related acts (!) (!) .


ORDER

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

2. The applicants are the accused Nos. 2 and 3 in Crime No.938/2025 of Valappatanam Police Station, Kannur District. The offences alleged are punishable under Section s 189 (2), 191(2), 191(3), 126(2), 115(2), 118(1), 296(b), 351(3), 110 read with Section 190 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on

7.11.2025 at 12.45 am, the applicant along with the remaining accused wrongfully restrained the defcto complainant and his friend Mr. Sajid, assaulted them with deadly weapons and thereby committed the offences.

4. I have heard Sri. Jasneed Jamal, the learned counsel for the applicants and Smt. M.K. Pushpalatha, the learned Senior Public Prosecutor. Perused the case diary. 5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Senior Public Prosecutor, on the

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