Bail denied due to risk of witness tampering and serious allegations against the accused.

ORDER

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

2. Petitioner is the 2^nd accused in Crime No.1113 of 2024 of Kodakara Police Station, Thrissur, registered for the offences punishable under Sections 126(2), 118(1), 109(1) and 103(1) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. According to the prosecution, on 25.12.2024, accused 1 and 2 had, due to a previous animosity with the deceased and his relatives, intercepted them and the 2^nd accused attacked one Harish inflicting injuries on his palm and the 1st accused stabbed on the chest of the deceased and also on the back of another person by name Vivek and thereby committed the offences alleged. Petitioner was arrested on 03.01.2025 and he has been in custody since then.

4. Heard Adv.Dhanesh V.Madhavan, the learned Counsel for the petitioner as well as Sri.C.K.Suresh, the learned Public Prosecutor.

5. The learned counsel for the petitioner vehemently contended that the prosecution allegations are false and petitioner has no role in the crime. It was also contended that even if the entire prosecution allegations are accepted, still the petitioner could have at the most exceeded his right of private defence. The learned Counsel further submitted that the only overt act alleged against the petitioner as per the FIR is that he had assaulted the deceased on the palm and since the said overt act cannot lead to death, petitioner’s further custody ought not to be permitted. According to the learned Counsel, since the final report has already been filed, the requirement of investigation stands satisfied and, therefore, petitioner ought to be released on bail.

6. The learned Public Prosecutor, on the other hand, submitted that the allegations are serious and also that petitioner is involved in 20 other crimes and, therefore, if he is released on bail there is every chance that he will threaten the witnesses and also tamper with the evidence. It was also pointed out that the incident occurred due to a fight between two gangs and petitioner is a strong member of one of the gangs. It was submitted that if petitioner is released on bail, it would restart the rivalry between the two gangs, and, therefore, he ought not to be released on bail.

7. Petitioner is the 2^nd accused in Crime No.1113 of 2024 of Kodakara Police Station. The offences alleged against the petitioner are serious. Even though the final report has already been filed, petitioner’s involvement in 20 other crimes stares against him. Though the 3^rd accused was granted bail by this Court, the offence alleged against him was only harbouring an offender, which is distinct from the nature of offences alleged against the petitioner.

8. Taking into consideration the possibility of the petitioner influencing the witnesses, I am of the view that petitioner cannot be released on bail at this juncture.