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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 sole accused in Crime No.466/2026 of Pariyaram Medical College Police Station, Kannur District. The offences alleged are punishable under Sections 394(4), 115(2), 74 and 324(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS).
The prosecution case, in short, is that on 28.08.2026 at 13.00 hours, the applicant trespassed into the rented house situated at Iringal in Pariyaram amsom, wherein the defacto complainant is residing, voluntarily caused hurt to her by slapping on her face, outraged her modesty by tearing the dress worn by her, caused damages to the car which was parked in the courtyard and thereby committed the aforesaid offences.
I have heard Sri.Abhilash K.N., 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 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 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.
The defacto complainant is the former wife of the applicant. A reading of the FIS would show that even after their separation, they used to talk over video calls to interact with their daughter. The only non-bailable offence alleged is under Section 74 of the BNS. There is no specific allegation to attract the ingredients of Section 74 of the BNS in the FIS. The applicant has no criminal antecedents. 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.