Bail may be granted when there is no evidence connecting the accused to the crime and custodial interrogation is not deemed necessary, provided suitable conditions are imposed.

ORDER

Dated this the 29^th day of April, 2025 This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS ).

2. Petitioners are 3^rd and 4^th accused in Crime No.154/2025 of Kaipamangalam Police Station, Thrissur. The above case is registered against the petitioners alleging offences punishable under Sections 126 (2) , 115(2) , 118(1) , 110 and 3(5) of the Bharatiya Nyaya Sanhita , 2023 (' BNS ').

3. The prosecution case is that on 13.02.2025, when the de facto complainant was going to his uncle's house, accused persons 1 to 4 stopped him, and the 1^st accused struck him on the head and the other accused persons jointly and severely attacked the de facto complainant, and they are alleged to have committed the aforementioned offences.

4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

5. The learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the petitioners with the alleged crime; hence they are entitled to get 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 petitioners, and they are not entitled to bail at this stage.

6. From the submission of both sides, it appears that the investigation of the case is now in an advanced stage. The prosecution records do not show that the petitioners have any criminal antecedents. At present, there are no reasons to hold that the custodial interrogation of the petitioners is unavoidable for the further progress of the investigation. The anxiety expressed by the learned Public Prosecutor that the accused would interfere with the process of investigation if released on bail, can be addressed by imposing suitable conditions. Having considered the nature of allegations against the petitioners and the present stage of the investigation, it is only just and proper to release the petitioners on bail, in the event of their arrest.

7. In the result, the application is allowed on the following conditions:

(i) In the event of arrest, the petitioners 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 investigating officer.

(ii) The petitioners shall fully cooperate with the investigation.

(iii) The petitioners shall appear before the investigating officer as and when a notice in writing is issued in this regard by the investigating officer.

(iv) The petitioners shall not commit any offence of a like nature while on bail.

(v) The petitioners shall not interact with the prosecution witnesses, directly or through any other person, or in any other way influence any witnesses or other persons related to the investigation and they shall not tamper with the evidence.

(vi) The petitioners shall not leave Kerala without the permission of the trial court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the ground of violating the bail conditions can be entertained by the jurisdictional court, if it is found necessary.