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2026 Supreme(Online)(Ker) 31036

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


Advocates:
For the Appellants/Petitioners: Shibu Babu, Muhammed Zain Shabeer P.P.
For the Respondents: M.C. Ashi

Table of Content
1. overview of the petition for pre-arrest bail regarding criminal offences. (Para 1 , 2)
2. criteria for exercising discretionary power under s. 482 of the bnss. (Para 4 , 5 , 6)
3. procedural directions for surrender and bail application before the lower court. (Para 7)

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 applicants are the accused Nos.2 and 5 in Crime No.136/2026 of Veeyapuram Police Station, Alappuzha District. The offences alleged are punishable under Sections 189(2), 191(2), 115(2), 118(1), 126(2) and 110 read with Section 190 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is as follows:- On

08.04.2026, due to prior enmity arising from a verbal altercation between the accused and the defacto complainant in connection with their friend Anu, the accused, with the intention and preparation to cause hurt to the defacto complainant and others, and in furtherance of their common object, formed themselves into an unlawful assembly, knowing that they were members of the said group. It is submitted by the learned counsel for the appli

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