A court may grant bail even with a history of criminal antecedents if the applicant shows significant mitigating factors such as mental health issues, and if further detention is unnecessary.

O R D E R

This second application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail.

2. The applicant is the accused No.1 in Crime No.509/2025 of Mankada Police Station, Malappuram. The offences alleged are punishable under Sections 126(2), 110, and

296(b) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on

16.09.2025 at about 18:15 hours (6:15 PM), at Mele Mankada in Mankada amsom, due to the prior animosity of the accused towards the de facto complainant, Sri.Harigovindan, aged 48 years, S/o Balakrishnan, arising from the fact that the de facto complainant on his motorbike overtook through the left side of the road the auto-rickshaw of the accused, the accused persons A1 to A4 in furtherance of their common intention, wrongfully restrained the de facto complainant. The accused A3 wrongfully restrained the de facto complainant, and accused A1 to A3 abused the de facto complainant using filthy language, and punched and hit the de facto complainant with weapons like key and helmet on his face, head and nose. The prosecution alleges that, had the de facto complainant not evaded the attack of the accused, he would have died. Thus, the accused are alleged to have committed the aforementioned offences.

4. I have heard Adv.Abirami P.S., the learned counsel for the applicant and Adv.G.Sudheer, the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is 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 applicant, and he is not entitled to bail at this stage.

6. The applicant was arrested on 16.10.2025 and has been in judicial custody since then. It is true that the victim sustained a nasal bone fracture and that the applicant has criminal antecedents. However, the investigation in the case is almost complete, and the recovery has been effected. Apart from this, the documents produced along with the bail application show that the applicant is suffering from serious mental health issues, specifically schizophrenia. The learned counsel for the applicant submitted that the applicant was taken to the mental hospital from the jail this morning. The applicant’s father has filed an affidavit affirming the applicant’s medical condition and undertaking to ensure the applicant’s appearance before the authorities. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

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

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required.

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

(v) The applicant 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 influe