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Judgment
This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail.
The applicants are the accused Nos.1 to 5 in Crime No.409/2026 of Nattukal Police Station, Palakkad District. The offences alleged are punishable under Sections 189(2), 191(2), 191(3), 126(2), 115(2), 118(1) and 109 r/w 190 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that, on 13.09.2026 at 01:30 p.m., the applicant Nos.1 to 5 along with other accused persons formed an unlawful assembly, knowing that they were members of the said group, out of enmity arising from the defacto complainant's romantic relationship with the daughter of the applicant No.2, the accused persons called the defacto complainant out from the dining hall of the Shifa Auditorium in Chethallur, took him near the front gate of the auditorium, and on the road, with the intention and premeditation to kill him, assaulted the defacto complainant with their hands. When the defacto complainant's aunt, Nisha and Nithya, and his brother, Nischal Krishna, intervened to stop the attack, the accused assaulted them with their hands and pushed them down. The applicant No.1 shouted at the defacto complainant, and stabbed him on the chest with a screwdriver. When his brother Nischal Krishna intervened, the applicant No.1 stabbed him with the screwdriver as well, and also stabbed his friend Mahesh on the back with the screwdriver, causing bodily harm. Accused Nos.2 to 7 aided and abetted the acts of the applicant No.1 and thereby the applicants committed the offences.
I have heard Sri.Babu S. Nair the learned counsel for the applicants and Sri.Vinay V., 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 present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are 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 applicants, and they are not entitled to bail at this stage.
The applicants were remanded to judicial custody on 14.09.2026. The investigation is almost over. The recovery has been effected. The applicants have no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
The applicants shall be released on bail 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 jurisdictional Magistrate/Court.
The applicants shall fully co-operate with the investigation.
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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.