The court ruled that a petitioner may be granted bail if the investigation is nearing completion and further detention is deemed unnecessary.

ORDER

This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is the accused No.4 in Crime No.826 of 2025 of Valikunnam Police Station. The offences alleged are punishable under Sections 126 (2), 351(2), 115(2), 118(2) and 109(1) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 ( for short ‘BNS’).

3. The prosecution case as narrated in Annexure-A1 order reads as follows:-

“On 07.09.2025 at about 12.30 a.m., when the defacto complainant alongwith his brother and friend came to Pariyarathukulangara Temple Junction to settle a dispute between the accused and one of the neighbours of the defacto complainant, the accused persons wrongfully restrained and threatened to kill them. Second petitioner stepped on the back of the scooter, on which the defacto complainant was travelling, causing the complainant to fall from the scooter. When the defacto complainant got up, first petitioner took his knife and stabbed him on the right side of his head, right side of eye and left ear, causing fatal injuries including fracture to left side bone of the head. The third petitioner and A4 attacked the defacto complainant again and on seeing this, when his brother and friend intervened, all accused assaulted them also. On the basis of the statement given by the defacto complainant from the St.Gregorious Hospital, Parumala, the respondent registered above case against the petitioners, alleging aforesaid offences. (Sic.)”

4. The petitioner was arrested on 08.09.2025, and he has been in judicial custody since then.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. The learned counsel for the petitioner submitted that the investigation is practically over and further detention of the petitioner is not required.

7. The learned Public Prosecutor opposed the bail application on the ground that the petitioner has criminal antecedents. It is further submitted that the charge sheet has already been filed.

8. I have gone through the Case Diary. The investigation is almost in the final stage.

9. Having regard to the fact that the investigation is in the final stage, I feel that the petitioner is entitled to be released on bail.

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

(a) The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(b) The petitioner shall appear before the Investigating Officer on all Mondays between 10.00 a.m and 11.00 a.m for a period of three months.

(c) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional court.

(d) The petitioner shall not commit any similar offence while on bail.

(e) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.

(f) If any of the bail conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail, in accordance with law.