The court grants bail based on the completion of investigation and prior custody period, ensuring ongoing cooperation with legal processes.

O R D E R

This application is filed u/s Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking regular bail.

2. The applicants are the accused Nos.1 and 2 in Crime No.725/2025 of Badiadka Police Station, Kasargode. The offences alleged are punishable under Sections 126 (2), 115(2), 118(1), 110 read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023, ( BNS ).

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

30/09/2025 at about 07:30 p.m., at Odibagilu in Sheny Village, the applicants along with two other accused in furtherance of their common intention, attacked the de facto complainant and his friend and inflicted injuries on them using an iron rod.

Thereby the applicants committed the aforesaid offences.

4. I have heard Sri. T. Madhu, 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. On the other hand, the learned Senior 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. The first applicant was arrested on 03/10/2025 and the second applicant was arrested on 09/10/2025. The investigation is almost over and the recovery has already been effected. It is true that the applicants have criminal antecedents. However, considering the fact that they are in custody for the last more than 50 days and the investigation is almost over, I am of the view that the further detention of the applicants is not necessary. Hence, the applicants are entitled to be released on bail.

In the result, the application is 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 Jms APPENDIX OF BAIL APPL. 13814/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR DATED