NIZAM B.S. Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The applicants are the accused Nos.1 and 2 in Crime No.270/2026 of Chirayinkeezhu Police Station, Thiruvananthapuram District. The offences alleged are punishable under Ss. 189(2), 191(2), 296(b), 115(2), 118(1), 110 and 118(2) read with Sec. 190 of the Bharatiya Nyaya Sanhita, 2023.

(3.) The prosecution case, in short, is that the accused No.1 had personal animosity towards the defacto complainant for a verbal altercation entered into between them on the morning of 23/5/2026, regarding a tender for the destruction of Market at NES Block Junction. Due to the said animosity, on the same day at about 9.45 p.m., the accused No.1 along with accused Nos.2 to 7, formed an unlawful assembly, wrongfully restrained the defacto complainant, uttered obscene words and caused hurt to him by hitting and kicking. The accused No.2, armed with a red clay brick, tried to hit the head of the defacto complainant, which was evaded by him. Otherwise, it would have caused his death. The accused No.3, armed with a concrete block, hit the shoulder of the defacto complainant and thereby committed the aforesaid offences.