The court established that a petitioner in judicial custody has the right to seek bail after the completion of investigation, especially for maintaining the right to defend.

K.BABU, J.

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B.A. No.13329 of 2025 ---------------------------------------------

Dated this the 18^th day of November, 2025 O R D E R This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023.

2. The petitioner is accused No. 2 in Crime No.5/2025 of Kanjiramkulam Police Station, Thiruvananthapuram. The offences alleged against the petitioner and the other accused are punishable under Sections 61 (2)(A), 332(A), 296(b), 115(2), 314, 126(2), 118(1) and 103(1) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case is that, the petitioner and the other accused, in furtherance of their common intention, on 31.12.2024, hatched a criminal conspiracy and trespassed into the residence of the defacto complainant, attacked him with a cement brick causing grievous injuries. The victim succumbed to the injuries.

4. The petitioner was arrested on 05.01.2025 and he has been in judicial custody since then.

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

6. The learned counsel for the petitioner submitted that, having regard to the nature of the allegations and tenure of judicial custody undergone by the petitioner, he is entitled to be released on bail. The learned counsel further submitted that the other accused in this crime have already been granted bail. 7. The learned Senior Public Prosecutor opposed the bail plea of the petitioner, essentially on the ground that he has criminal antecedents. The learned Senior Public Prosecutor brought to my notice that the petitioner is the accused in the following crimes:-

1. Kanjiramkulam PS, Cr.No.397/2023 U/Sec. 435, 427 of IPC.

2. Kanjiramkulam PS, Cr.No.840/2022, U/Sec.354(A) (1), 506(ii) of IPC and Sec.9(m) r/w 10 of POCSO Act. 3. Vizhinjam P.S., Cr.No.717/2022, U/Sec. 341, 323, 324, 427, 354 of IPC.

4. Vizhinjam P.S., Cr.No.669/2022, U/Sec.380 of IPC.

5. Kanjiramkulam P.S., Cr.No.1171/2017, U/Sec. 366(A), 376 of IPC and Sec.3 r/w 4 of POCSO Act, Sec.3(2)(v) of SC/ST (POA) Act.

8. The learned counsel for the petitioner submitted that the petitioner is on bail in all the other crimes. The learned counsel further submitted that the petitioner is not in a position to defend his case, if his detention is continued.

9. The Case Diary reveals that the Police have completed the investigation and submitted final report, and the matter is pending before the Sessions Court, Thiruvananthapuram, as S.C.No.1482/2025. It appears from the records that it may take years to complete the trial. The continued detention of the petitioner will adversely affect his right to defend the case. 10. Having considered the fact that the Police have completed the investigation and submitted final report in the matter, and the right of the petitioner to defend his case, I feel that the petitioner can be released on bail, on conditions.

In the result, the Bail Application is allowed as follows:

(a) The petitioner is ordered to 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 the last Wednesday of every month between 10 A.M. and 11 A.M. for a period of three months.

(c) The petitioner shall not involve in offences similar to the one in which he is presently involved.

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

(e) If any of the bail conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail, in accordance