Bail granted despite prior records due to time served and insufficient evidence connecting the accused.

O R D E R

These applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking regular bail.

2. The applicants are the accused Nos.1 to 3 in Crime No.737/2025 of Kozhinjampara Police Station, Palakkad. The offences alleged are punishable under Sections 126(2), 115(2), 118(1), 110 r/w Section 3(5) of the Bharathiya Nyaya Sanhitha , 2023.

3. The prosecution case, in short, is that there was a quarrel between accused No.1 and the defacto complainant in connection with a church festival. Due to that animosity, on 04.10.2025 at 23.00 hours, at Paliyathura, accused no.1 wrongfully restrained the defacto complainant and hit him on the cheek with the hand. Accused Nos.2 and 3 beat the defactó comnplainant with their hand and kicked him on various parts of his body and thereby caused bodily harm. When accused No. 1 tried to stab the defacto complainant on the chest, he ran away and thereby sustained injury on his back. If the defacto complainant had not tried to run away, he would have sustained stab injury to the chest resulting in his death. Thus, the applicants have committed the above-mentioned offences.

4. I have heard Sri. N.K. Shyju and Sri. A.V. Ravi, the learned counsel for the applicants, and Sri. G. Sudheer and Sri. M.C. Ashi, the learned Public Prosecutors. 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. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

6. Accused Nos. 1 and 2 were arrested on

05.10.2025, and accused No. 3 was arrested on 07.10.2025, and they have been in judicial custody since then. The investigation is almost complete. The injuries sustained by the victim are on the back, which is not a vital part of the body. It is true that accused Nos. 1 and 2 have criminal antecedents. Considering the fact that they have been in custody for more than 40 days, I am of the view that the applicants are entitled to be released on bail.

In the result, these applications are allowed on the following conditions: -

(i) The applicants shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE mea APPENDIX OF BAIL APPL. 13376/2025 PETITIONER ANNEXURES Annexure A FAIR COPY OF THE ORDER IN CRL. M.C. NO.