AI Structured Summary
Not yet generated for this judgment
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.994/2026 of Anthikad Police Station, Thrissur District. The offences alleged are punishable under Sections 296(b), 351(2), 118(1), 110 and 115(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that on 11.10.2026 at 21:45 hours, due to prior enmity arising from an altercation between the applicant and the defacto complainant’s friend at Perinjanam Palace Bar, the applicant along with the accused Nos.1 and 3, acting with common intention, assaulted the defacto complainant at the parking ground of the said bar. The accused No.1 threatened and abused him, and struck him on the head with a fuse wire taken from a nearby transformer, causing injuries. Thereafter, the applicant and the accused No.3 repeatedly assaulted him with their hands on his head, face and other parts of his body and thereby committed the offences.
I have heard Sri.Kiran Murali, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned 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 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 02.11.2026. A reading of the FIS would show that the injuries were inflicted by the accused No.1. No serious overt act has been attributed against the applicant. The recovery has been effected. The investigation is almost over. 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.