IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
ANEESH SL – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of charges and procedural posture for bail. (Para 1 , 2) |
| 2. judicial assessment of custodial necessity based on absence of specific allegations or criminal history. (Para 4 , 5 , 6) |
O R D E R
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.
2. The applicant is the accused No.2 in Crime No.173/2026 of Pothencode Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 118(1) and 110 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, on
21.03.2026 at 01:00 a.m., while the de facto complainant was standing at Vavarayambalam junction to see the procession, he interfered in a scuffle, in which the accused was an active member. Due to that animosity, the accused persons approached the de facto complainant and his friend, the applicant restrained the de facto complainant and the accused No.1 stabbed on the stomach of the de facto complainant with a sharp edged weapon. The de facto complainant warded the same with his hands, otherwise his death would have been caused and thereby committed the aforesaid offences.
4
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