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Judgment
This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail.
The applicant is the accused No.5 in Crime No.757/2026 of Peramangalam Police Station, Thrissur District. The offences alleged are punishable under Sections 126(2), 115(2), 296(b), 324 and 110 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that between 11:00 p.m. on 26.08.2026 and 03:00 a.m. on 27.08.2026, the accused Nos.1 to 9, in prosecution of their common intention, took the complainant from his house at Peramangalam on a scooter along with the other accused and on the road in front of the house of the accused No.1 at Choorakkattukara and near the railway track by the Ramanchira railway gate, they jointly assaulted the complainant by punching him on his head and face with their hands and kicking him on his chest, stomach and back with their feet, causing swelling injuries to the left side of his head. Further, the accused abused the defacto complainant in filthy language, threatened to kill him and attack him at his residence if he disclosed the matter to anybody, damaged his mobile phone and repeatedly punched him on his face, head and chest. Had the complainant not blocked these with his hands, it would have resulted in his death. The applicant thereby committed the aforesaid offences.
I have heard Sri.E.Vijin Karthik, the learned counsel for the applicant and Sri.V.Vinay, 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.
I went through the FIS. The applicant has not been named in the FIS. No specific overt act has been attributed against the applicant. The prime accused were already arrested and released on bail. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.
In the result, the application is allowed on the following conditions:-
The applicant 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 shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.
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 bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.