Absence of criminal antecedents and settlement between parties are key factors in granting bail, despite serious allegations.

ORDER

This is an application for regular bail.

2. The petitioners are accused Nos.4 and 5 in Crime No.343 of 2025 of Cherpu Police Station, Thrissur District, alleging commission of offences under Sections 126 (2) , 115(2) , 310(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita ( BNS ), 2023. The allegation against the petitioners is that the petitioners together with the other accused in the case had threatened the de-facto complainant, slapped her and had taken away about 17 ducks and thereby they have committed the offences alleged against them.

3. The learned counsel appearing for the petitioners submits that the petitioners in this case have absolutely no criminal antecedents. It is submitted that the offence of dacoity may not sustain against the petitioners. It is submitted that the issue has been settled between the petitioners and the de-facto complaint and the de-facto complaint, who is represented in Court through counsel, has no objection in bail being granted to the petitioners.

4. The learned Public Prosecutor submits that accused Nos.1 to 3, who are the petitioners in the connected bail application namely, Bail Application No.5615 of 2025, have serious criminal antecedents. It is submitted that the 1^st accused in the case is accused in 24 other criminal cases, while the 2^nd and 3^rd accused in the case are accused in seven cases each. It is submitted that though no criminal antecedents are reported against accused 4 and 5, considering the nature of the allegations and the fact that the offence was allegedly committed in the company of accused Nos.1 to 3 [who are having serious criminal antecedents] indicate that the petitioners are not entitled to bail.

5. The learned counsel appearing for the de-facto complainant submits that the issue has been settled between the de- facto complainant and the petitioners and she has no objection in bail being granted to the petitioners.

6. Having heard the learned counsel appearing for the petitioners, the learned Public Prosecutor and the learned counsel appearing for the de-facto complainant, I am of the view that the petitioners can be granted bail as no criminal antecedents are reported against them. As already noted, the bail application No.5615 of 2025 filed by accused Nos.1 to 3 has been adjourned on the basis of the submission made by the learned Public Prosecutor that there are serious criminal antecedents reported against the petitioners in that case, who are accused Nos.1 to 3 in Crime No.343 of 2025 of Cherpu Police Station.

7. Accordingly, this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-

(i) The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioners shall report before the Investigating officer in Crime No.343 of 2025 of Cherpu Police Station as and when summoned to do so;

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the de-facto complainant or any witness in Crime No.343 of 2025 of Cherpu Police Station;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.343 of 2025 of Cherpu Police Station may file an application before the Jurisdictional Court for cancellation of bail.