MUTHAPPAN.S Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

(2.) The applicants are the accused Nos.4 and 5 in Crime No.832/2025 of Anjuthengu Police Station, Thiruvananthapuram District. The offences alleged are punishable under Ss. 296(b), 115(2), 118(1) and 110, r/w Sec. 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

(3.) The prosecution case, in short, is that on 2/9/2025 at about 9 p.m., while the defacto complainant was standing in front of his house, he saw a scuffle between the accused near the Meerankadavu Bridge, and he rushed to the spot and intervened in the matter. At that time, the accused No.1 twisted the right hand of the defacto complainant and by using a black torch, hit him on his head, and when the defacto complainant prevented the said attack, it fell upon his forehead causing an injury. Then, the accused No.1 by using the torch repeatedly beat on the head of the defacto complainant, and at that time, the accused No.3 kicked the defacto complainant on his back. When the defacto complainant attempted to forcefully took the torch from the accused No.1, the accused No.1 bit him on his right palm, causing injury. Thereafter, the accused No.2 by using a knife inflicted an injury on the eyebrow of the defacto complainant, the 1st applicant slapped the defacto complainant on his right cheek and the 2nd applicant kicked him on his abdomen. When the defacto complainant fell down, accused Nos. 1 to 5 kicked him all over his person and attempted to kick him into the lake.