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2026 Supreme(Online)(Ker) 5450

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
NIDHIN KUMAR M.S – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SRI.SADIK ISMAYIL, SMT.R.GAYATHRI, SRI.M.MAHIN HAMZA, SHRI.ALWIN JOSEPH, SHRI.BENSON AMBROSE
For the Respondents: SRI.M.C. ASHI, 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 the accused No.3 in Crime No.

1851/2025 of Gandhi Nagar Police Station, Kottayam District. The offences alleged are punishable under Sections 127(2), 118(1), 115(2), 296(b), 351(2) and 309(4) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 13.12.2025 at about 08.15. p.m., while the informant was riding his motorcycle along the Puvathummoodu-Samkranthi road and reached near the turning towards Nattasseri, the accused Nos.1 to 3, waylaid him in furtherance of their common intention to commit theft and robbery, then the accused blocked the motorbike of the informant with their TVS Appache bike and then the accused No.1 made the informant to sit in the pillion of the bike and took him to places at Perumbaikkadu Village and the portion of the Panchayat Road situated at Sooryakaladimana Chathukulam Road and then accused Nos.2 and 3, who came there in another bike, alighted from their bike and the applicant hit on the back of the informant with a helmet, the accus

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