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2026 Supreme(Online)(Ker) 14925

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
ATHUL @ ALUVA ATHUL – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.V.T.RAGHUNATH, SMT.C.V.RAJALAKSHMI, SMT.RESHMA R.KRISHNAN, SMT.DEVIKA MOHAN
For the Respondents: PUBLIC PROSECUTOR, ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.C.K.SURESH, SPL. PP.

Table of Content
1. application for bail under bnss, addressing arrest procedures. (Para 1 , 2 , 5)
2. allegations against the accused in murder conspiracy. (Para 3 , 4)
3. accused in judicial custody since arrest. (Para 6)
4. mandatory to inform grounds of arrest and repercussions of non-compliance. (Para 8 , 9 , 10 , 11 , 13)

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking regular bail.

2. The applicant is the accused No.2 in Crime No.739/2025 of Karunagappally Police Station, Kollam District. The offences alleged are punishable under Sections 61 (2)(a), 103(1), 111(2)(a), 118(1), 238(a), 239, 249(a), 332(a), 340 and 351 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and of the Explosive Substances Act .

3. The prosecution case, in short, is that, there were cases and counter cases between the accused No.1 and the deceased Santhosh during the last few years. There was an incident where the deceased had stabbed the accused No.1. Accused Nos.1 to 9 had entered into a criminal conspiracy to cause death of Santhosh aged 45 years. In furtherance of the said conspiracy, accused Nos.2 to 7 had t

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