The court ruled that prolonged detention without sufficient grounds violates the statutory right to bail, necessitating release under specific conditions.

ORDER

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

2. The applicant is the accused in Crime No.944 of 2025 of Kattakada Police Station, Thiruvananthapuram, registered for the offences punishable under Section 3 26 (g) of the Bharatiya Nyaya Sanhita , 2023 [for short, ‘the BNS ’], Sections 3 (a) and 4(a) of the Explosive Substances Act , 1908 and and 4 of the Prevention of Damage to Public Property Act , 1984 [for short, ‘the PPP Act’].

3. The prosecution allegation in short is that on

14.07.2025 at 9 p.m., a fire occurred in the property room of the POCSO Court/ Fast Track Special Court, Kattakkada, thereby causing destruction of the material objects and case files that were kept in an iron rack in the said room, besides damage caused to the building.

4. Initially, a crime was registered under Section 306(1)

(c) (FA) of Police Standing Order on the basis of a First Information Statement given by the applicant himself, as he was the Chief Ministerial Officer in charge of the said Court. Later, during the course of investigation, applicant's involvement was identified and hence he was transposed from de facto complainant to that of an accused and Section 326 (g) of BNS apart from offences under the Explosive Substances Act , 1908 and other statutes were incorporated. The applicant was arrested on 27.08.2025 and he has been in custody since then.

5. Heard Sri.P.V.Jeevesh, the learned Counsel for the petitioner as well as Sri. E.C. Bineesh, the learned Senior Public Prosecutor.

6. 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.

7. It is true that the allegations levelled against the applicant is very serious. However, the fact remains that he is in custody from 27.8.2025. Now 85 days have been elapsed since he is in custody. He is entitled for statutory bail after five days. The investigation is almost over. In these circumstances, I am of the view that the continued detention of the applicant is not necessary.

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 influence any witnesses or other persons related to the investigation.

(vi) The applicant 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.