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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the accused No.1 in Crime No.479/2026 of Palluruthy Police Station, Ernakulam District. The offence alleged is punishable under Section 103(1) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 30.5.2026 in between 8.30 pm and 8.45 pm near Veli Party office, the accused inflicted injury on the deceased by using a sharp weapon. Subsequently the deceased fell on the floor and succumbed to death and thereby committed the aforementioned offence.
I have heard Sri.K.V.Sabu, the learned counsel for the applicant and Sri.C.Rasheed, the learned Special 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 present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Special Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 31.05.2026. The investigation is over and the final report has already been filed. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail 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 jurisdictional Magistrate/Court.
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 applicant shall not enter into the jurisdictional limits of the Palluruthy Police Station, Ernakulam District, until further orders.
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.