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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
BENOY P.Y – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations stem from a property dispute leading to physical confrontations. (Para 1 , 2 , 3) |
| 2. arguments presented concerning innocence and the necessity of bail. (Para 4 , 5) |
| 3. insufficient grounds for custodial interrogation warranting bail. (Para 6) |
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. 1, 2, 7 and 8 in Crime No.94/2026 of Adimali Police Station, Idukki District. The offences alleged are punishable under Sections 115 (2), 296(b), 118(1), 126(2), 75, 76 and 351(2) read with
3(5) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ).
3. The prosecution case, in short, is that due to a dispute arising from the defacto complainant drawing water through a hose from the Panchayat pond to her husband's property passing through the applicants’ property, the applicants, in furtherance of their common intention, on 25.01.2026 at about 01:30 p.m. at Pazhukkalikkunnu, Machiplavu Kara, Parakkudi City area in Mannamkandam Village, wrongfully restrained, abused, and assaulted the defacto complainant. It is alleged that the accused No
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