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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Siyad M.S – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. alleged robbery, trespass, assault by accused. (Para 2 , 6) |
| 2. arguments on arrest grounds compliance. (Para 4 , 5) |
| 3. mandatory constitutional arrest grounds requirement. (Para 7 , 8) |
| 4. supreme court precedents on written grounds. (Para 10 , 11 , 12) |
| 5. non-compliance vitiates arrest, grants bail. (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.3 in Crime No.644/2024 of Ernakulam North Police Station, Ernakulam District. The offences alleged are punishable under Sections 394, 452 and 354 read with Section 34 of the IPC, 1860.
3. The prosecution case, in short, is that on 14.6.2024 at 2.15 am, the applicant along with the remaining accused sharing a common object, trespassed into the building where CW1 was residing, assaulted CW1, CW2 and CW3, robbed several properties such as gold ornaments, cash, ATM cards, mobile phones, Aadhar card, debit card, credit cards, laptop, stole a Ford Fiesta car belonging to CW10, thus committed robbery of the properties worth Rs. 6,00,000/-. In executing the crime, the accuse
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