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2026 Supreme(Online)(Ker) 7493

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


Advocates:
For the Appellants/Petitioners: SRI.S.RAJEEV, SRI.V.VINAY, SRI.M.S.ANEER, SHRI.SARATH K.P., SHRI.ANILKUMAR C.R., SHRI.K.S.KIRAN KRISHNAN, SHRI.AKASH CHERIAN THOMAS, SHRI.AZAD SUNIL, SHRI.T.P.ARAVIND, SMT.AKSHARA S., SHRI.MAHESWAR PADICKAL
For the Respondents: SRI.K.A. NOUSHAD, SR. PP

Table of Content
1. serious allegations of assault and rioting (Para 2 , 3)
2. arguments presented about innocence and evidence (Para 4 , 5 , 7)
3. court's observations on the evidence and investigation necessity (Para 6)

ORDER

This application is filed underSection 482of theBharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre- arrest bail.

2. The applicant is the accused No.1 in Crime No.1249/2025 of Kalady Police Station, Ernakulam District. The offences alleged are punishable under Sections 189 (2), 191(2), 190, 115(2), 118(1), 117(2) and 118(2) of the Bharatiya Nyaya Sanhita ( BNS ), 2023.

3. The prosecution case, in short, is that due to some political animosity, on 24.08.2025, at about 09:30 PM, the applicant and other accused persons formed themselves into an unlawful assembly, committed rioting, and attacked the de facto complainant and his friend. When the de facto complainant questioned, the applicant inflicted an injury on the de facto complainant’s head with a weapon, as a result of which the de facto complainant sustained grievous injuries, including a fracture, and thereby committed the offences.

4. I have heard Sri. S. Rajeev, the learned counsel for t

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