Court grants pre-arrest bail due to insufficient evidence against the accused, while imposing conditions to ensure cooperation with the ongoing investigation.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking pre-arrest bail.

2. The applicants are the accused Nos.1 and 2 in Crime No.2037/2025 of Kundara Police Station, Kollam. The offences alleged are punishable under Sections 296 (b), 115(2), 118(1) and 351(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

3. The prosecution case, in short, is that on 04.10.2025 at about 4.30 p.m. while the complainant, who is an autorickshaw driver, was driving his vehicle, the applicants were coming in another car and they got out of their car and assaulted the complainant alleging that he did not give sufficient space to their car to move forward. The applicants had slapped on the face of the complainant and fisted him. One of the accused had brandished a knife towards him, which resulted in an injury on the hand of the complainant. It is further alleged that two among the assailants had stamped on the abdomen of the complainant and brutally tortured him.

4. I have heard Smt.Priya Shanavas, the learned counsel for the applicants and Sri.M.C. Ashi, the learned Senior Public Prosecutor. 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. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

6. The only non-bailable offence alleged against the applicants is under Section 118 (1) of BNS. The allegation to attract the said section is that one of the accused brandished a knife towards the defacto complainant, which resulted in an injury on his right thumb. However, the body note shows that he did not sustain any serious injury at all. Considering the allegations levelled against the applicants, their custodial interrogation does not appear to be necessary. It is true that in Annexure 2 order of the learned Sessions Judge, it is stated that accused no.1 is involved in several cases. However, the learned Prosecutor submitted that accused no.1 is involved only in two cases. The learned counsel for the applicants submitted that in one of the cases, accused no.1 has been acquitted and the other case pending against him is under Section 324 of IPC. Accused no.2 does not have any criminal antecedents. For all these reasons, it is a fit case where pre-arrest bail can be granted to the applicants.

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

(i) The applicants shall be released on bail in the event of their arrest 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 arresting officer/investigating officer, as the case may be.

(ii) The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded. (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