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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail.
The applicants are the accused Nos.1 and 2 in Crime No.825/2026 of Mannarkkad Police Station, Palakkad District. The offences alleged are punishable under Sections 351(2), 126(2), 118(1) and 110 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 04.09.2026 at 18:30 hours, while the defacto complainant was sitting on a motorcycle in front of Faisal's shop in Kappaparamba, the applicants arrived in a car. Out of enmity towards the defacto complainant for questioning the construction of a septic tank adjacent to the house of the defacto complainant's relative, Abdulla, in furtherance of their common intention, the applicant No.1 sprayed pepper spray that he was carrying. Further, with the intent and preparation to commit murder, he chopped at the defacto complainant's head with a billhook (madaval), causing an injury to the head. Meanwhile, the applicant No.2 shouted and threatened to kill the defacto complainant and handed over an axe to the applicant No.1. The applicant No.1 then chopped at his head with the axe which the defacto complainant blocked with his left hand, resulting in fracture of middle finger and severe injury. If the defacto complainant had not blocked the strike, it would have hit his head and would have resulted in his death and thereby the applicants committed the aforementioned offences.
I have heard Sri.Babu S. Nair, 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 present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.
The applicants were remanded to judicial custody on 08.09.2026. The investigation is almost over and the recovery has already been effected. There is a counter case as well. The applicants have no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicants shall be released on bail 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 jurisdictional Magistrate/Court.
The applicants shall fully co-operate with the investigation.
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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.