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2026 Supreme(Online)(Ker) 4008

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
MUHAMMED NAJEEB M A – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.CHERIYIL SANIL JOHN, SRI.MATHEW A KUZHALANADAN, SHRI.KURIAKOSE VARGHESE, SRI.V.SHYAMOHAN
For the Respondents: SR.PUBLIC PROSECUTOR SRI.NOUSHAD.K A

JUDGMENT

Dated this the 29th day of January, 2026 The appellants are accused in Crime No.2665/2025 of Muvattupuzha Police Station. They assail order of the learned Special Judge in Crl.M.P.No.2410/2025 dated 09.01.2026, whereby the learned Special Judge dismissed the anticipatory bail plea at the instance of the appellants.

2. Heard the learned counsel for the appellants, the learned Public Prosecutor as well as the learned counsel who appeared for the de facto complainant.

3. The case of the prosecution, as could be seen from the FIS is that at about 11.00 p.m. on 09.12.2025, i.e., the day of election for local bodies, one Riyas, who is the 2nd accused along with the other accused persons, who do not belong to either Scheduled Caste or Scheduled Tribe community, reached the office of the de facto complainant and abused the de facto complainant, who is a member of the Parava community along with others by stating that none of the members of the Parava colony would be spared. On this premise, the prosecution alleges commission of offences punishable under Sections for the offences punishable under Sections 126 (2), 115(2), 118(1) and 296(b) r/w Section 3 (5) of the Bharatiya Nyaya S

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