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2026 Supreme(Online)(Ker) 5205

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
KUNHI MOIDU. E.K – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.K.K.Dheerendrakrishnan
For the Respondents: Sri.K.A.Noushad, SR. PP

O R D E R

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 accused No.2 in Crime No.470/2025 of Vengara Police Station, Malappuram District. The offences alleged are punishable under Section 288 of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’) and Sections 4 (b) and 5 of the Explosive Substances Act .

3. The prosecution case, in short, is that on 22.07.2025 at

1.00 p.m., the applicant, along with accused No.1, was found operating quarry with explosives without a licence and thereby committed the offences.

4. I have heard Sri.K.K.Dheerendrakrishnan, the learned counsel for the applicant and Sri.K.A.Noushad, 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 no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's i

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