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Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicants are the accused Nos.1, 2 and 6 in Crime No.376/2026 of Marayoor Police Station, Idukki District. The offences alleged are punishable under Sections 333, 118(1), 110, 75(1), 126(2), 115(2), 117(2), 189(2) and 191(2) read with 190 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that, on 18.08.2026 at 06:30 p.m., the accused, in furtherance of their common object, constituted an unlawful assembly and trespassed into the house of the relative of the de facto complainant, assaulted the de facto complainant with an iron rod, inflicted injury on her, also molested her by removing her churidhar and pressing her breast and thereby committed the aforesaid offences.
I have heard Smt. Sreelakshmi Sabu, the learned counsel for the applicants and Sri. Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.
The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.
I went through the FIS. Specific overt acts have been attributed against the accused Nos.1 and 2/ applicant Nos.1 and 2. They have used weapon. Hence, I am of the view that their custodial interrogation is necessary and they cannot be granted pre-arrest bail. However, as far as the applicant No.3/accused No.6 is concerned, there is no serious overt act against him. He has not used any weapon. Hence, I am of the view that his custodial interrogation seems unnecessary and he can be granted pre-arrest bail.
In the result, the application is allowed in part on the following conditions:-
The applicant No.3/accused No.6 shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
The applicant No.3/accused No.6 shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
The applicant No.3/accused No.6 shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.
The applicant No.3/accused No.6 shall not commit any offence of a like nature while on bail.
The applicant No.3/accused No.6 shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
The applicant No.3/accused No.6 shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.