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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
The applicant is the accused No.2 in Crime No.980/2026 of Kunnicode Police Station, Kollam District. The offences alleged are punishable under Sections 126(2), 296(b), 118(2), 110 and 115(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 03.10.2026 between 10.45 a.m. and 11.00 a.m. near Pattazhi Kurishumoodu in Pattazhi Village, while PW1 and his friend Rashanth were walking from Pattazhi Junction, due to the enmity arising from PW1's attempt to prevent the accused from assaulting Rashanth, the applicant and the accused No.1, with the intention and knowledge of causing bodily harm to PW1 and Rashanth, abused them in obscene words and assaulted them. When PW1 intervened upon seeing the applicant and the accused No.1 assaulting Rashanth with a rubber stick, the accused No.1 pushed PW1 and beat him with the rubber stick on his right hand and back, causing pain. Thereafter, the accused No.1 struck at PW1's head with the rubber stick, which PW1 warded off with his left hand, resulting in a serious injury to his left ear. Meanwhile, the applicant forcefully struck PW1 on his right wrist and back with the rubber stick, causing injuries. Had PW1 not warded off the blow aimed at his head by the accused No.1, the blow would have landed on his head and could have caused his death. In the course of the assault, Rashanth also sustained a dislocation of the left shoulder joint. The applicant thereby committed the aforesaid offences.
I have heard Smt.Bindumol Joseph, the learned counsel for the applicant and Smt.Aneeda Beegum, the learned Senior Public Prosecutor. Perused the case diary.
The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
The applicant was remanded to judicial custody on 05.10.2026. The investigation is almost over and the recovery has been effected. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicant shall be released on bail 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 jurisdictional Magistrate/Court.
The applicant shall fully co-operate with the investigation.
The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. every Saturday until further orders. He shall also 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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.