AI Structured Summary
Not yet generated for this judgment
Judgment
These bail applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicants in B.A No.6462 of 2026 are the accused Nos.1, 2 and 5 and the applicant in B.A No.6489 of 2026 is the accused No.3 in Crime No.896/2026 of Changaramkulam Police Station, Malappuram District. The offences alleged are punishable under Sections 189(2), 191(2), 126(2), 115(2), 118(1), 296(b) and 110 r/w 190 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that due to prior enmity towards the defacto complainant, the accused Nos.1 to 5, in furtherance of their common intention, on 22.09.2026 at about 16:05 hours, assaulted the defacto complainant using fists and legs. The accused No.1 allegedly burnt the lips and toes of the de facto complainant using a lighter & took a fishing rod from nearby fishermen and hit on the head of the de facto complainant, which he evaded, thereby saving his life and thereby the accused committed the aforementioned offences.
I have heard Sri. Sarath Sabu Kottakkal, the learned counsel for the applicants and Smt. Aneeda Beegum and Sri. Devadas H Mallan, the learned Public Prosecutors. 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 Prosecutors 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 25.09.2026. The investigation is almost over and the recovery has been effected. 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 applications are 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.