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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Jibin George – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. summary of alleged offences and arrest details. (Para 2 , 6) |
| 2. arguments on arrest grounds compliance. (Para 4 , 5 , 7) |
| 3. precedents on mandatory written arrest grounds. (Para 8 , 9 , 10 , 12) |
| 4. non-compliance vitiates arrest; bail granted. (Para 13 , 14) |
ORDER :
KAUSER EDAPPAGATH, J.
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.1 in Crime No.170/2025 of Ettumanoor Police Station, Kottayam District. The offences alleged are punishable underSections 296(b), 351(1), 126(2), 115(2), 121(2) and 103(1) of theBharatiya Nyaya Sanhita, 2023(for short, BNS ).
3. The prosecution case, in short, is that the accused No.2 and the de facto complainant were conducting pan shops nearby the Excalibur bar, situated adjacent to the M.C. Road at Thellakom. Due to his enmity towards the de facto complainant, the accused No.2 instigated the applicant, who has criminal antecedents, to assault and abuse the de facto complainant, in furtherance of the said abetment and instigation, on 02.02.2025 at about 11.30 p.m., the applicant went to the pan shop conducted by the de
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