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2026 Supreme(Online)(Ker) 25942

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
ABHIJITH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.E.A.HARIS, SHRI.M.A.AHAMMAD SAHEER, SRI.MUHAMMED YASIL, SMT.AAGI JOHNY, SHRI.MUHAMMED RIFA P.M., SMT.IFRA IQBAL
For the Respondents: SRI.K.A. NOUSHAD, SR. PP

Table of Content
1. pre-arrest bail application under bnss for bns offences. (Para 1 , 2)
2. arguments on false implication versus investigation needs. (Para 4 , 5)
3. cross-fir justifies bail without custodial interrogation. (Para 6)

ORDER

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 and 2 in Crime No.57/2026 of Kattakkada Police Station, Thiruvananthapuram District. The offences alleged are punishable underSections 189(2), 191(2), 190, 296(b), 115(2), 118(1), 118(2) and 324(4) of theBharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is as follows: On 20.01.2026, at around 10:00 p.m., the accused persons formed themselves into an unlawful assembly and in prosecution of their common object, called the de-facto complainant and his friends to a place near S.B.I situated at Thoongampara, and when they reached there, a verbal altercation occurred between the de-facto complainant and the applicant. At that time, the accused No.4 uttered obscene words against the de-facto complainant and caught hold of his shirt, and applicant No.1 by using a spa

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