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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.2 to 4 in Crime No.665/2026 of Kattakkada Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 115(2), 118(1), 126(2) and 296(b) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 27.08.2026 at about 1.30 pm, the applicants along with the accused No. 1 wrongfully restrained the defacto complainant, uttered obscene words against him and the accused No.1 by using a plank hit the defacto complainant on his head, causing him to fall down. The accused No.1 further hit on the back and right hand of the defacto complainant using the said plank. Further the applicants and the accused No.1 assaulted the defacto complainant by hitting and kicking him and thereby committed the offences.
I have heard Sri. Hilal Babu, the learned counsel for the applicants and Smt. Aneeda Beegum, 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 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 Senior 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. No specific overt act has been attributed against the applicants. They have not used any weapon. The main allegation is against the accused No.1. The applicants have no criminal antecedents. Moreover, the injury sustained by the defacto complainant is minor in nature. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicants.
In the result, the application is allowed on the following conditions:-
The applicants shall be released on bail in the event of their arrest 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 arresting officer/investigating officer, as the case may be.
The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.
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 bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.