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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Pramod, S/o. Babu – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor, High Court Of Kerala – Respondent
| Table of Content |
|---|
| 1. summary of prosecution case and arrest details. (Para 2 , 3 , 6) |
| 2. arguments on arrest legality and bail entitlement. (Para 4 , 5 , 7) |
| 3. mandatory constitutional and statutory arrest grounds requirement. (Para 8) |
| 4. supreme court precedents on written/oral grounds communication. (Para 9 , 11 , 12) |
| 5. emergent principles: mandatory written grounds, police burden, non-compliance vitiates arrest. (Para 13) |
| 6. non-communication found; arrest illegal, bail granted. (Para 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 sole accused in Crime No.66/2025 of Mala Police Station, Thrissur District. The offences alleged are punishable under Sections 329 (3) and 103(1) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 13.01.2025 at 4:20 p.m., the applicant due to previous enmity and with an intention to commit murder, hacked on the forehead and head of Thomas with a sword and when the deceased fell on the ground, the applicant again hacked the deceased with sword and also hit on the hands, legs and other parts
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