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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 to 3 in Crime No.1047/2026 of Adoor Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 296(b), 115(2), 118(1), 126(2) and 110 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 27.08.2026 at about 00.30 a.m., near the office of Pallickal Grama Panchayat, the applicants hurled obscene words, the applicant No.1 stamped Rahul, a friend of the defacto complainant, beaten the defacto complainant on his head using a stick, causing injury to his forehead, while the applicant No.2 punched the defacto complainant on his head using a ring and the applicant No.3 had beaten on the face and body of the defacto complainant by wrongfully restraining him. When Seydali and Sachu, the friends of the defacto complainant interfered, the applicant No.1 had beaten them also and thereby committed the above offences.
I have heard Sri.Jerry Mathew, the learned counsel for the applicants and Sri.Thomas Sabu Vadakekut, the learned 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 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 First Information Statement. Specific overt acts have been attributed to the applicant Nos.1 and 2. They have used the weapon. They also have criminal antecedents. The defacto complainant sustained injuries in the incident. Hence, I am of the view that they are not entitled for pre-arrest bail. However, no serious overt act has been attributed to the applicant No.3/accused No.3. He has not used any weapon. He does not have any criminal antecedents. Hence, I am of the view that he can be granted pre-arrest bail.
In the result, the application is allowed in part on the following conditions:-
The applicant No.3 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 No.3 shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
The applicant No.3 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 No.3 shall not commit any offence of a like nature while on bail.
The applicant No.3 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 No.3 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.