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2026 Supreme(Online)(Ker) 12892

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


Advocates:
For the Appellants/Petitioners: SRUTHY N. BHAT, SRI.P.M.RAFIQ, SRI.M.REVIKRISHNAN, SRI.AJEESH K.SASI, SMT.SRUTHY K.K, SHRI.AARON ZACHARIAS BENNY, SHRI.K.ARAVIND MENON, SMT.NANDITHA S., SRI.LIJI.J.VADAKEDOM
For the Respondents: SMT.JOHN NELLIMALA SARAI, SHRI.ISAC T.PAUL, SHRI.MOHAMMED SAGHEER, SMT.ABIYA MARIYAM MATHEW, 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 in Crime No.2278/2025 of Pala Police Station, Kottayam District. The offences alleged are punishable under Sections 281 and 105 of the Bharatiya Nyaya Sanhita (for short, 'the BNS '), 2023 and Section 134 (A) and

134(B) of the Motor Vehicles Act , 1988.

3. The prosecution case, in short, is that on 05.11.2025 at around 09:30 p.m., the applicant drove the car bearing registration No. KL-35-N-0790 in a rash and negligent manner and hit an autorickshaw parked on the side of the road and due to the impact of the collision, the wife of the informant who was sitting inside the vehicle was thrown out and the autorickshaw capsized on top of her causing fatal injuries and thereby committed the offences.

4. I have heard Sri.P.M.Rafiq, the learned counsel for the applicant, Smt.John Nellimala Sarai, the learned counsel for the defacto complainant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has

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