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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.1048/2026 of Adoor Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 296(b), 118(1), 351(3), 126(2), 115(2) and 110 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that, on 28.08.2026 at about 10:30 p.m., at a place namely, Thottamukk, in the midst of the Onam celebration, the accused No.1 hit behind the head of the de facto complainant using a ring causing injury and that, hurling obscene words, the accused No.1 also caught hold of the neck of the de facto complainant and again hit on his left pinna using the same ring. When Ajesh, the friend of the de facto complainant interfered, he was punched by the accused No.1, while the applicant and the accused No.3 repeatedly beaten the de facto complainant and Ajesh and thereby the applicant committed the aforesaid offences.
I have heard Sri. Athul Tom, 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. No specific overt act has been attributed against the applicant. He has not used any weapon. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.
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.