The court affirmed that insufficient evidence does not warrant custodial interrogation prior to arrest.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

2. The applicants are the accused Nos. 1 and 2 in Crime No. 588 of 2025 of Santhanpara Police Station, Idukki. The offences alleged are punishable under Sections 296(b), 115(2), 118(1), 117(2), 75(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS').

3. The prosecution case, in short, is that on 22.06.2025 at 04.00 p.m., near the house of the defacto complainant, the applicants assaulted her with a dangerous weapon, abused her using filthy language and also outraged her modesty and thereby committed the said offences.

4. I have heard Smt.V.H.Jasmine, the learned counsel for the applicants and Sri.Noushad K.A, the learned Senior Public Prosecutor. Perused the case diary.

5. 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 get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

6. The offences incorporated in the FIR are under Section s 296 (b), 115(2), 118(1), 118(2), 75(1) and 3(5) of the BNS. There is an allegation that the applicants assaulted the defacto complainant with a dangerous weapon and thereby she sustained fracture on her shoulder. However, on investigation it is revealed that the fracture on her shoulder was sustained when the defacto complainant fell down during the altercation. Hence, Section 118 (2) was deleted, instead Section 117 (2) was added. The remaining non-bailable offences are under Sections 118 (1) and 75(1) of the BNS. Going by the allegations in the FIS, there are no ingredients to attract the offence under (1) of the BNS. Insofar as (1) of the BNS is considered, as stated already, the alleged injury was sustained when the defacto complainant fell down during the altercation. It is submitted that there is a counter case as well. The investigation is at an advantaged stage. Considering the allegations levelled against the applicants, their custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicants.

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

(i) The applicants shall be released on bail in the event of their arrest 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 arresting officer/investigating officer, as the case may be.

(ii) The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded. (iii) 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.

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

(v) 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.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of viola