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2026 Supreme(Online)(Ker) 3412

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


Advocates:
For the Appellants/Petitioners: SRI.LATHEESH SEBASTIAN
For the Respondents: SRI.K.A.NOUSHAD, SR. PP

Table of Content
1. application seeks bail under new legislation. (Para 1 , 2 , 3)
2. defense claims innocence; prosecution insists on guilt. (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 No.1 in Crime No.1487/2025 of Kallambalam Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 109 (1), 115(2), 118(2), 249, 296(b), 324(4), 333 read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 (for short, BNS ).

3. The prosecution case, in short, is that due to prior animosity against the husband of the defacto complainant, the applicant along with three other accused trespassed into the house of the defacto complainant on 07.12.2025 at about 10.45 PM, the applicant slapped on the cheek of the defacto complainant and thereafter snatched the mobile phone and threw it away. At that time, accused Nos. 2 and 3 jointly abused the defacto complainant's husband and assaulted him. It is further alleged that on the instigation of the applicant to kill the husband of the defacto complainant, accused Nos. 2 and 3 ca

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