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Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicants are the accused Nos.1 and 2 in Crime No.642/2026 of Vellarada Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 296(b), 118(1), 118(2) and 324 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that, on 26.08.2026, when the brother of the husband of the de facto complainant Vipin Raj reached the house of his wife, Smt. Reshma, to see his wife and daughter, the applicants, who are the father and brother of Reshma, attacked Vipin Raj. When the husband of the de facto complainant intervened, the applicants abused him and the applicant No.1, by using a chopper, hacked him aiming his head, and when he evaded the said attack, it fell upon the left side of his head, causing a grievous injury, including fracture of the skull. When the husband of the de facto complainant fell down, the applicant No.2 beat him on his back with an iron rod and thereafter, the applicants assaulted the husband of the de facto complainant, his brother and his friend. The husband of the de facto complainant lost his gold chain with locket and a mobile phone in the incident. Thus, the applicants committed the aforesaid offences.
I have heard Sri. Anooj.J, the learned counsel for the applicants and Sri. V.Vinay, 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 above crime. 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 Senior 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.
Annexure A1 is the FIR. It was registered on 01.09.2026. The alleged incident was on 26.08.2026. A counter case against the de facto complainant in Annexure A1 FIR has been registered at the instance of the applicant No.2 on 21.09.2026. Annexure A9 is the FIR in the said counter case. However, Annexures A6 and A7 would show that on 26.08.2026 itself, the applicant No.2 has given a complaint to the police. Annexures A2 and A3 would show that the applicants also sustained injuries in the incident. The recovery has been effected. The applicants have no criminal antecedents. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicants.
In the result, the application is allowed on the following conditions:-
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.
The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.
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 bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.