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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.1 to 6 in Crime No.630/2026 of Vadakkekad Police Station, Thrissur District. The offences alleged are punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1) and 118(2) read with 190 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 24.08.2026 at 11:00 p.m., when the defacto complainant and his friends who were members of ‘UNIDOS’ club, Edakkazhiyur Kaja, were leaving the ASPIRE turf, Edakkara after a football game, the accused persons, who allegedly belonged to ‘AVASCO’ club, Aviyur, in prosecution of their common object, formed an unlawful assembly and approached them with the intention to assault one Muhammed Jinan. The same was allegedly due to a dispute with Muhammed Jinan (who was a friend of the defacto complainant) in connection with an earlier football game. The defacto complainant and his friends intervened and attempted to compromise the matter. Thereafter, one of the accused took a stone lying nearby and struck on the face of the defacto complainant’s friend. Another accused assaulted the defacto complainant by punching on his face, which resulted in a lip injury. Thus the applicants have committed the offences.
I have heard Sri. K. Aravind Menon, the learned counsel for the applicants and Sri. Thomas Sabu Vadakekut, the learned 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 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. Specific overt act has been attributed against the accused No.1/applicant No.1. He has used weapon. He, using a stone, hit on the eye of the defacto complainant, who sustained injury and lost his vision. In these circumstances, I am of the view that the applicant No.1 cannot be granted pre-arrest bail. However, as far as the remaining accused/applicant Nos. 2 to 6 are concerned, no serious overt act has been attributed against them. They have not used any weapon. They are teenagers without any criminal antecedents. Considering the allegations made against the applicant Nos. 2 to 6, their custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant Nos. 2 to 6.
In the result, the application is allowed in part on the following conditions:-
The applicant Nos. 2 to 6 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 applicant Nos. 2 to 6 shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.
The applicant Nos. 2 to 6 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 applicant Nos. 2 to 6 shall not commit any offence of a like nature while on bail.
The applicant Nos. 2 to 6 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 Nos. 2 to 6 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.