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2026 Supreme(Online)(Ker) 12798

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


Advocates:
For the Appellants/Petitioners: SRI.SAM ISAAC POTHIYIL
For the Respondents: SRI.M.C. ASHI

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.2 in Crime No.385/2025 of Kannamaly Police Station, Ernakulam District. The offences alleged are punishable under Sections 351 (3), 118(1), 118(2) and 74 read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’).

3. The prosecution case, in short, is that the applicant, along with other accused persons, with the intention to assault the defacto complainant and his family, criminally trespassed into the residential house of the defacto complainant with deadly weapons. There was enmity between them in connection with the incident that the defacto complainant questioned about the misdeeds of his neighbor, Smt.Leela. The accused persons are relatives of Smt.Leela. On account of this prior enmity, on 25.12.2025 at about 9.30 p.m., they criminally trespassed into the residence of the defacto complainant and verbally abused him. Accused No.1 beat on his head using the shock stump of a motorbike. The defacto complainant resisted it using his left hand. He fell down. All the accused pe

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