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2026 Supreme(Online)(Ker) 5517

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


Advocates:
For the Appellants/Petitioners: Sri.Jeswin P.Vargheese
For the Respondents: Smt.Sreeja V, 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 applicants are the accused Nos.2, 4 and 8 in Crime No.1676/2025 of Sulthanbathery Police Station, Wayanad District. The offences alleged are punishable under Sections 126 (2), 118(1), 110, 189(1), 189(2) and 189(4) r/w Section 190 of BNS, 2023. 3. The prosecution case, in short, is that on 13.12.2025 between 15.30 hours and 16.30 hours near the bus stop at 3rd Mile, accused Nos.1 to 8, who are the active workers of UDF, due to prior enmity arising from the defacto complainant's objection to their setting off crackers at the house of LDF activist Praveenlal, formed an unlawful assembly armed with deadly weapons such as iron rod, and in prosecution of their common object, wrongfully restrained the defacto complainant during his return from Praveenlal's house, and beat on his head and body with the iron rod with the knowledge and intention that if his death was caused by that act, they would be guilty of culpable homicide amounting to murder and thereby voluntarily caused grievous hurt to his head, upper lip, right middle finger,

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