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Judgment
This is the third application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the sole accused in Crime No.343/2026 of Pulikeezhu Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 296(b), 126(2), 115(2), 75(1)(ii) and 74 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that is the applicant used to harass the younger daughter of the defacto complainant under the control of alcohol and that, on 19.07.2026 at about 02:30 p.m., when the defacto complainant tried to dissuade the applicant torturing her daughter, hurling obscene words and sexually coloured remarks, the applicant punched on the left cheek of the defacto complainant and consequently when she fainted down, the applicant punched her using his knee and stamped on her left hand, and when another daughter of the defacto complainant tried to resist, the applicant had made sexually coloured remarks to her also, in addition to having caught hold of her and punched on her face and thereby committed the above offences.
I have heard Sri. Lejo Joseph George, the learned counsel for the applicant and Sri. Thomas Sabu Vadakekut, the learned 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 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 21.07.2026. The investigation is over and final report has been filed. It is true that the applicant has criminal antecedents. However, considering the period of detention undergone by the applicant and the fact that final report has been filed, I am inclined to grant bail to the applicant.
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 enter into the jurisdictional limits of the police station where the defacto complainant resides.
The applicant 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.