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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.7 in Crime No.575/2026 of Enathu Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 189(1), 189(2), 189(4), 126(1), 115(1), 118(1), 118(2) and 296(b) r/w 190 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 21.09.2026 at about 11.30 pm, the applicant along with the other accused persons had wrongfully restrained the defacto complainant and his friends namely, Jayakrishnan, Rakesh and Devanarayanan and the accused no.1 had beaten the defacto complainant on his right ankle using a pipe, punched on his face, also beaten Devanarayanan using the same weapon causing fracture to his right pointing finger, while the accused no.2 had punched on the back of the defacto complainant, stamped him and the accused nos.3 and 4 had beaten Jayakrishnan using wooden stump and in addition, all the accused persons had beaten and stamped Rakesh, thereby inflicting injuries to all of them and thereby the applicant committed the offences.
I have heard Sri.Saneesh Kumar K., the learned counsel for the applicant and Smt.Aneeda Beegum, 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. The applicant has no criminal antecedents. The investigation has reached an advanced stage. 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.