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2026 Supreme(Online)(Ker) 29778

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Afsal S – Appellant
Versus
State Of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Manjusha K
For the Respondents: K.A. Noushad

Table of Content
1. summary of the alleged offences and background of the criminal case. (Para 1 , 2 , 3)
2. assessment of necessity for custodial interrogation when specific overt acts are absent. (Para 4 , 5 , 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.3 and 4 in Crime No.255/2026 of Vallikunnam Police Station, Alappuzha District. The offences alleged are punishable under Sections 189(2), 191(2), 126(2), 296(b), 351(3), 118(1), 115(2) and 110 r/w Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS).

3. The prosecution case, in short, is that on 09.04.2026 at about 06.00 p.m., due to previous animosity, accused Nos.1 to 5 formed themselves into an unlawful assembly in front of Maruthi Automobile Workshop in Ward No. 15 of Bharanikavu Panchayat, by the side of a public road. In furtherance of their common object, they restrained the car in which the de facto complainant and his friend were travelling. When the de facto complainant got down from the car, the accused No.1 struck him on the head with a ring spanner, causing him to fall

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