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Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicant is the accused No.2 in Crime No.596/2026 of Medical College Police Station, Thrissur District. The offences alleged are punishable under Sections 296(b), 126(2), 115(2), 118(1), 351(2) and 324(3) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS).
The prosecution case, in short, is that on 21.08.2026 at 12:10 a.m., due to prior enmity towards the defacto complainant, the accused Nos. 1 to 8, in furtherance of their common intention, rushed into 'Almiya Restaurant', Keltrone owned by one Aneesh by uttering obscene words and threatening the defacto complainant. Thereafter, the accused persons wrongfully restrained the defacto complainant, fisted and manhandled him. When the mobile phone of the defacto complainant fell down, the accused persons kicked and broke it. The defacto complainant sustained injuries and lost his mobile phone. Thus the applicant has committed the offences.
I have heard Smt.Neeraja V.S., the learned counsel for the applicant and Sri.V. Vinay, the learned Senior 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.
I went through the FIS. The alleged incident took place in a restaurant. A reading of the FIS would show that the applicant along with the remaining accused came to the restaurant without carrying any weapon. They assaulted the defacto complainant with their hands. At that time, the defacto complainant was carrying an iron rod. One of the accused made an attempt to grab that iron rod from the defacto complainant. In that process, the defacto complainant sustained injury on his head. Therefore, this is not a case where any of the accused voluntarily used any weapon to cause hurt to the defacto complainant. The only non bailable offence alleged is Section 118(1) of the BNS. Since, the applicant did not use any weapon, I am of the view that the applicant can be granted pre-arrest bail
In the result, the application is allowed on the following conditions:-
The applicant 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 shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
The applicant 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 shall not commit any offence of a like nature while on bail.
The applicant 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 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.