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2026 Supreme(Online)(Ker) 4396

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SUBIN AGED 39 YEARS KIZHAKKUMURI VANDAZHI, ALATHUR TALUK PALAKKAD, PIN – 678706 – Appellant
Versus
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031 – Respondent


Advocates:
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.M.S.ANEER, SRI.V.VINAY, SHRI.SARATH K.P., SHRI.ANILKUMAR C.R., SHRI.K.S.KIRAN KRISHNAN, SHRI.AKASH CHERIAN THOMAS, SHRI.AZAD SUNIL
For the Respondents: SHRI.T.K.SANDEEP, SMT.RESHMA VISWANATHAN

Table of Content
1. allegations of assault and trespassing. (Para 2 , 3)
2. court's reasoning regarding bail application. (Para 4 , 5)
3. conditions and reasoning for granting bail. (Para 6)

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.1 to 3 in Crime No.740/2025 of Mangalam Dam Police Station, Palakkad District. The offences alleged are punishable under Sections 126 (2) [341 IPC ], 115(2) [323 ], 118(1)[324 ], 76[354B ], 333[452 ], 324(5) [Mischief], 351(2)[506 ], 329(4) [448 ] read with Section 3(5) [34 ] of Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the crime is registered on the allegation that on 11.12.2025 at about 9:30 a.m., accused Nos. 1 to 3 allegedly trespassed into the house of the defacto complainant. It is alleged that the accused No.1 took a chair from the sit-out and struck the defacto complainant on his left shoulder. When the mother-in-law of the defacto complainant attempted to intervene, she allegedly sustained injuries and her nighty was torn. It is further alleged that the infant child who w

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