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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.518/2026 of Nilambur Police Station, Malappuram District. The offences alleged are punishable under Sections 126(2), 118(1) and 118(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that, on 22.06.2026 at about 12:30 p.m., the applicants, in furtherance of their common intention to commit an offence, wrongfully restrained the de facto complainant and his brother on the premises of Fast Track Special Court, Nilambur, voluntarily caused grievous hurt to the de facto complainant by beating him on his left finger with a wooden reaper and a helmet and voluntarily caused hurt to his brother with a wooden reaper and a helmet, in connection with the issues with the daughter of the de facto complainant’s brother and thereby committed the aforesaid offences.
I have heard Sri. K.Rakesh, 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 A is the FIR in the above crime. Annexure E is the FIR in the counter case. In Annexure E, the de facto complainant in Annexure A is the accused. The accused No.1 in Annexure A is the de facto complainant in Annexure E. It is a case and counter case. The incidents pertaining to both the crimes took place in the compound of the Fast Track Special Court, Nilambur. Annexure E was registered at the first point of time. 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.