Muthappan.S vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

The applicants are the accused Nos.4 and 5 in Crime No.832/2025 of Anjuthengu Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 296(b), 115(2), 118(1) and 110, r/w Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The prosecution case, in short, is that on 02.09.2025 at about 9 p.m., while the defacto complainant was standing in front of his house, he saw a scuffle between the accused near the Meerankadavu Bridge, and he rushed to the spot and intervened in the matter. At that time, the accused No.1 twisted the right hand of the defacto complainant and by using a black torch, hit him on his head, and when the defacto complainant prevented the said attack, it fell upon his forehead causing an injury. Then, the accused No.1 by using the torch repeatedly beat on the head of the defacto complainant, and at that time, the accused No.3 kicked the defacto complainant on his back. When the defacto complainant attempted to forcefully took the torch from the accused No.1, the accused No.1 bit him on his right palm, causing injury. Thereafter, the accused No.2 by using a knife inflicted an injury on the eyebrow of the defacto complainant, the 1st applicant slapped the defacto complainant on his right cheek and the 2nd applicant kicked him on his abdomen. When the defacto complainant fell down, accused Nos. 1 to 5 kicked him all over his person and attempted to kick him into the lake.

I have heard Sri.Christine Mathew, the learned counsel for the applicants and Smt.Pushpalatha, the learned Senior Public 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 get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

I went through the FIS. No serious overt act has been alleged against the applicants. The main allegations are against the accused No.1. The allegation against the 1st applicant is that he beat on the face of the de facto complainant and against the 2nd applicant is that he kicked on the abdomen of the defacto complainant. Admittedly the applicants did not use any weapon. The applicants have no criminal antecedents. Considering the allegations levelled against the applicants, their custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicants.

In the result, the application is allowed on the following conditions:-

(i) The applicants shall be released on bail in the event of their arrest 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 arresting officer/investigating officer, as the case may be.

(ii) The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(iii) 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.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) 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.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) 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.