Abdul Salam vs State Of Kerala

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

The applicant is the sole accused in S.C.No.797/2026 on the files of the Sessions Court, Palakkad arising from Crime No.302/2026 of Palakkad Town South Police Station, Palakkad District. The offence alleged is punishable under Section 232(1) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that the applicant, while being an undertrial prisoner in Crime No. 1989/2021 of Palakkad Town South Police Station, threatened one Rajeev C., CPO 6766, who is stated to be the 253^rd witness in the said case and was working as an aid to the prosecution assistant. After the trial proceedings were completed on 19.02.2026, the applicant threatened the said witness at the verandah of the court building, stating that he would deal with him for giving evidence against the applicant and thereby the applicant committed the aforementioned offence.

I have heard Sri.E.A.Haris, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 15.03.2026. The investigation is over and the final report has already been filed. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -