Mohandi Naik @ Mohan Babu vs State Of Kerala

These applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.

The applicant in B.A. No.4918/2026 is the accused No.1 and the applicant in B.A. No.4919/2026 is the accused No.2 in Crime No.828/2026 of Thrissur East Police Station, Thrissur District. The offences alleged are punishable under Sections 189(1), 189(2), 191(2), 191(3), 126(2), 115(2), 118(1) and 109 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS'), which was altered to Sections 126(2), 115(2), 118(1), 109 and 103(1) read with Section 3(5) of the BNS.

The prosecution case, in short, is that owing to the enmity arising from the defacto complainant and his friends demanding the return of money given to the accused No.1, the accused Nos.1 to 8, in furtherance of their common intention, on 18.06.2026 at about 22:00 hours, at the house bearing door No. KLRA 19, located in Korappath Lane Thrissur, wrongfully restrained the defacto complainant and his friends Dhanpati Nayak and Trinath Majhi and all the accused together assaulted the defacto complainant and his friends by punching and kicking. The accused No.1 shouted others to beat them, the accused No.2 held Dhanapati Nayak and shouted to kill him. The accused No.2 with the intention to kill Dhanapati Nayak, punched on the head repeatedly with his hands and using a brass knuckle. The accused No.3 with intend to murder, struck him forcefully on the head using a brass knuckle, causing grievous injuries which resulted in a blood clot in the brain and unconsciousness. The accused No.3 also punched the defacto complainant on the ear, causing an injury. Further all the accused jointly assaulted Dhanpati Nayak by punching and kicking him and thereby causing injuries. While undergoing treatment at Medical College Hospital, Thrissur on 21.06.2026 at 08:30 a.m., the above said Dhanpathi Nayak succumbed to the injuries. The applicants thereby committed the aforesaid offences.

I have heard Sri.Jerry Mathew, the learned counsel for the applicants and Sri.C.Rasheed, the learned Special Government 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 Special Government 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 accused No.1 was arrested on 21.06.2026 and the accused No.2 was arrested on 20.06.2026 and since then they are in judicial custody. Even though 90 days have elapsed, no final report has been filed. Hence, the applicants are entitled to statutory bail.

In the result, these applications are allowed on the following conditions: