The court grants bail based on completed investigation and no necessity for continued detention, with strict conditions imposed to ensure witness protection and compliance.

O R D E R

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

2. The applicant is the sole accused in Crime No.1372/2025 of Tirur Police Station, Malappuram. The offences alleged are punishable under Sections 126 (2), 351(3), 296(b), 109(1) of the Bharatiya Nyaya Sanhita , 2023, ( BNS ).

3. The prosecution case, in short, is that at about

7.00 P.M on 26.08.2025, the applicant due to the prior animosity to the defacto complainant as the defacto complainant allegedly attacked his mother, wrongfully restrained the defacto complainant near the land adjacent to the house of the defacto complainant and criminally intimidated him that he would be killed and abused him using filthy language. It is further alleged that the applicant attempted to cause the death of the defacto complainant by stabbing him on his neck, back and left side of his head, right ear, left side of his forehead, upper portion and muscle of his left hand and right thumb finger with a knife and thereby the defacto complainant sustained grievous injuries. Thus, the applicant is alleged to have committed the aforementioned offences.

4. I have heard Sri. Binu V.V., the learned counsel for the applicant and Sri. M.C. Ashi, the learned Senior 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 Senior 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 27.08.2025 and he has been in judicial custody since then. The investigation is over and the final report has already been filed. It is true that the petitioner has criminal antecedents, out of which only one crime registered under Section 20(b)ii(C) of the NDPS Act is of serious nature. That crime was registered in 2018. Considering the fact that the investigation is over and the applicant is in custody for the last 89 days, I am of the view that the further 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 not commit any offence of a like nature while on bail.

(iii) 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.

(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(v) 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.