Court may grant bail despite prior criminal history if custody duration is significant and allegations do not necessitate further detention.

ORDER

This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).

2. Petitioners are accused Nos.1 to 3 in Crime No.558/2025 of Kongad Police Station, Palakkad District; registered for the offences punishable under Sections 126(2), 115(2) and 110 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case is that, on 18.06.2024, the accused assaulted the defacto complainant by holding his collar and striking on his face with their hands, and thereby committed the offences alleged. Petitioners were arrested on 21.06.2025 and they have been in custody since then.

4. I have heard the learned Counsel for the petitioners as well as the learned Public Prosecutor.

5. The learned Counsel for the petitioners contended that the prosecution allegations are false and that since petitioners have been in custody from 21.06.2025, they ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application and submitted that petitioners ought not to be released on bail. It was further submitted that there are criminal antecedents against the accused, with one crime under Section 395 of IPC against the first accused, four crimes against the second accused of which three are under the NDPS Act and one for the offence of Section 394 of IPC and three crimes against the third accused, who is also facing proceedings under the Kerala Anti-Social Activities Prevention Act, 2007.

7. The accused are alleged to have assaulted the defacto complainant at a petrol pump. Having regard to the nature of injuries inflicted and the nature of allegations made in the FIR, I am of the view that further custody of the petitioners is not necessary especially since they have been undergoing custody since 21.06.2025. Though the learned Public Prosecutor pointed out that petitioners are involved in other crimes, the said antecedents need not deter this Court from granting bail to the petitioners. Therefore, petitioners ought to be released on bail.

8. In the result, this application is allowed on the following conditions:-

(a) Petitioners shall be released on bail on each of them executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall appear before the Investigating OfÏcer as and when required.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.