IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SAINULABDHEEN KUDUKKIL @ BABU KUDUKKIL – Appellant
Versus
STATE OF KERALA – Respondent
ORDER
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.26 in Crime No.1068/2025 of Thamarassery Police Station, Kozhikode District. The offences alleged are punishable under Sections 189 (2), 189(3), 189(4), 191(2), 191(3), 285, 121(1), 118(1), 118(2) and 109(1) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 , Section 3 (1) read with Section 4 of the Prevention of Damage to Public Property Act, 1984 and Section 6 of the Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011 .
3. The prosecution case, in short, is that on 21.10.2025 from 10 am, the accused Nos. 1 to 21 along with about 300 other suspects have formed themselves into an unlawful assembly, on the road near the Fresh Cut Poultry Waste treatment Plant at Irachippara, Ambayathode. They were armed with deadly weapons, sticks and stones. At 4.15 pm, they shouted slogans against the police and the plant creating road block. In violation of the legal order to disperse, one of the suspects with intention to kill the complainant, threw a stone at his neck causing injury. The
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