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2026 Supreme(Online)(Ker) 40071

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Nijas N – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Binu Babukuttan, Aromalunni M.S., Nima Meriyam Koshy, Muhammed Azharudeen A.
For the Respondents: Thomas Sabu Vadakekut

Table of Content
1. case background and specific allegations of assault and unlawful assembly. (Para 1 , 2 , 3)
2. competing submissions regarding innocence versus the necessity of investigation. (Para 4 , 5)
3. standard for granting pre-arrest bail under section 482 bnss. (Para 6)
4. directions for surrender and subsequent bail consideration. (Para 7)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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.4 in Crime No.351/2026 of Kayamkulam Police Station, Alappuzha District. The offences alleged are punishable under Sections 189(2), 191(2), 191(3), 118(1), 118(2) and 110 read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS).

3. The prosecution case, in short, is that the applicant along with the other accused persons formed themselves into an unlawful assembly and in prosecution of the common object of that assembly on 06.03.2026 at about 02:30 a.m., proceeded near to Raga Residency, Kayamkulam, wherein the de facto complainant

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