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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Prasanth M.T – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. summary of the allegations and statutory framework. (Para 1 , 2 , 3) |
| 2. submissions by the defense regarding innocence and the prosecution regarding investigative interference. (Para 4 , 5) |
| 3. court's discretion to grant bail absent overt acts or criminal history. (Para 6) |
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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.2 and 4 in Crime No.863/2025 of Upputhara Police Station, Idukki District. The offences alleged are punishable under Sections 303(2) and 115(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 5, 27(1) of the Arms Act, 1959 and Sections 11(1)(a) and 11(1)(l) of the Prevention of Cruelty to Animals Act, 1960.
3. The prosecution case, in short, is that on 18.10.2025 between 11 pm and 11.30 pm, the applicants with intention of committing theft and wrongful gain, reached the Cheenthalar-Pashuppara road, 3rd division Bhagam, Cheenthalar Kara in Upputhara Village, committed theft by carrying away a black milch co
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