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Judgment
This is the second application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicant is the accused No.2 in Crime No.170/2026 of Thalappuzha Police Station, Wayanad District. The offences alleged are punishable under Sections 189(1) (c), 191(2), 126(2), 115(2) and 118(1) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 01.04.2026 at about 12.30 a.m., the applicant along with the remaining accused restrained and assaulted the defacto complainant, a student of Thalappuzha Government Higher Secondary School, and his two friends, near Chungam in Thavinhal Amsom due to alleged previous enmity between senior and junior students in the School. The defacto complainant was struck on the eye with a helmet, hit in the eye with a twisted hand, placed a stone on his hand, assaulted and kicked, thereby voluntarily causing grievous injuries to him and also assaulted his friends, resulting in injuries to them and thereby committed the offences.
I have heard Sri.K.Dilip, the learned counsel for the applicant, Sri. Ajeesh S. Brite, the learned counsel for the respondent Nos. 2 to 4 and Smt. Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.
The affidavits sworn in by the defacto complainant as well as the injured would show that the matter has been settled between the parties and they have no objection in granting bail to the applicant. Moreover, the overt act attributed against the applicant is minimal in nature. Hence, 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 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.