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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicants are the accused Nos.1 and 2 in Crime No.672/2026 of Kuruppampady Police Station, Ernakulam District. The offences alleged are punishable under Sections 189(2), 191(2), 126(2), 115(2), 118(1), 118(2) and 110 r/w 190 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the applicants along with the accused Nos.3 to 6 formed themselves into an unlawful assembly with the common object of attacking the defacto complainant. In prosecution of the said common object, on 12.09.2026 at 10:00 a.m., at the rubber plantation of one Mathew, the accused No.3 beat the defacto complainant on his face, causing him to fall down. The applicant No. 2 bent the left leg of the defacto complainant and held it against a nearby rubber tree. At that time, the applicant No.1 lifted one of the defacto complainant's hands, repeatedly beat his left leg with an iron pipe, resulting in fracture of his left leg. Thereafter, the applicant No.1, knowing that his act was likely to cause the death of the defacto complainant, beat him on the head with an iron rod. The defacto complainant locked the blow with his right hand, resulting in fracture of his right palm. When the applicant No.1 shouted at the others to beat the defacto complainant, the accused Nos.2 to 6 surrounded him and kicked him on his head and face. As a result, the defacto complainant sustained an injury to his left shoulder, contusions on his eye and back, and pain all over his body and thereby the applicants committed the offences.
I have heard Sri.Deepak Raj, the learned counsel for the applicants and Sri.Vinay V., the learned Senior 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 present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.
The applicants were remanded to judicial custody on 12.10.2026. The investigation is almost over. The recovery has been effected. The applicants have no criminal antecedents. The remaining accused were already granted bail. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
The applicants shall fully co-operate with the investigation.
The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.
The applicants shall not commit any offence of a like nature while on bail.
The applicants 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 applicants shall not leave the State of Kerala without the permission of the trial Court.
The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.