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2026 Supreme(Online)(Ker) 13446

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


Advocates:
For the Appellants/Petitioners: SRI.M.S.SAJEEV KUMAR, SMT.LAKSHMI S KUMAR, SMT.A.N.JYOTHILEKSHMI, SHRI.JACK AUGUSTINE, SRI.BABU S. NAIR
For the Respondents: SRI.R.ANIL, SRI.SUJESH MENON V.B., SRI.THOMAS SABU VADAKEKUT, SHRI.GEORGE VINCI JOSE, SHRI.MAHESH BHANU S., SHRI.ANANTH KRISHNA K.S., SHRI.RESSIL LONAN, SRI.T.ANIL KUMAR, 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 applicants are the accused Nos.5 to 8 (wrongly described as accused Nos.1 to 4 in the bail application) in Crime No.2437/2023 of Palarivattom Police Station, Ernakulam District. The offences alleged are punishable under Sections 436 and 120B read with 34 of the Indian Penal Code , 1860.

3. The prosecution case, in short, is that the accused with the intention to commit mischief to the de facto complainant after making the conspiracy, on 20.10.2023 at 04:21 a.m., the accused No.1 set fire to the building owned by the accused No.5 and occupied by the de facto complainant as per the direction of the accused No.2 and it resulted in the breaking of glass door and wooden floor. The de facto complainant has been conducting a textile business as Defab Instyle. The textile items to the value of more than two crores were damaged.

Thus, the accused committed loss to the firm of the de facto complainant to the tune of Rs.2 crores.

4. I have heard Sri. M.S.Sajeev Kumar, the learned counsel for the applicants, Sri. M.C.Ashi, the learned Senio

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