Bail may be granted if continued detention is unnecessary, with appropriate conditions imposed to ensure compliance.

ORDER

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

2. Petitioner is the first accused in Crime No. 636/2025 of Kodakara Police Station, Thrissur district, registered alleging offences punishable under Sections 126 (2), 115(2), 118(1), 296(b) and 110 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’) and Section 92 (b) of the Rights of Persons with Disabilities Act , 2016.

3. According to the prosecution, on 27.07.2025 at 06.00 pm, while the defacto complainant who is blind in one eye and a person whose right index finger is amputated was cleaning the waste in the front portion of his house, the 2^nd accused verbally abused him and the 1^st accused using a weapon assaulted him on the head which was evaded, if not, it would have resulted in his death, and thus the accused committed the offences alleged. Petitioner was arrested on

28.07.2025, and he has been in custody since then.

4. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that petitioner has been in custody since 28.07.2025, and he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application. 7. Petitioner is alleged to have assaulted the defacto complainant, who is a person with disability since his index finger has been amputated and is also blind in one eye. Though the petitioner contends that he had filed Crime No.635/2025 of Vadakara Police Station and the present crime is in retaliation of the said F.I.R, I am of the view that considering the period of custody already undergone by the petitioner, further detention is not necessary. Therefore, the petitioner is entitled to be released on bail.

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

(a) Petitioner shall be released on bail on him 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) Petitioner shall appear before the Investigating Officer as and when required.

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

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner 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 the law, notwithstanding the bail having been granted by this Court.