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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Ramesh K – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. provisions governing the offence and the nature of the application. (Para 1 , 2 , 3) |
| 2. summary of submissions by both parties. (Para 4 , 5) |
| 3. criteria for entertaining a second pre-arrest bail plea. (Para 6 , 7) |
| 4. application of legal principles to the specific facts leading to dismissal. (Para 8) |
ORDER
This is the second application for pre-arrest bail filed by the sole accused in Crime No.113/2026 of Vengara Police Station, Malappuram under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the BNSS).
2. The applicant is alleged to have committed the offence punishable under Section 288 of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS) and Sections 4(b) and 5 of the Explosive Substances Act, 1908.
3. The prosecution case, in short, is that at about 1.00 pm on 26.02.2026 at Cherekkad in Kannamangalam Village, the applicant was found conducting quarrying activities without any license, endangering human life and animal life and property by using explosive substances and thereby committed the offences.
4. I have heard Sri.Balu Tom, the learned counsel for the applicant and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the cas
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