The court grants pre-arrest bail under specified conditions due to insufficient evidence against the accused.

ORDER

This application is filed u/s 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail.

2. The applicants are the accused Nos.4 and 6 in Crime No.887/2025 of Kuttiadi Police Station, Kozhikode. The offences alleged are punishable under Section s 189 (2), 191(2)(3), 126(2), 115(2), 118(1), 74 and 324(4) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS)

3. The prosecution case as narrated in Annexure B order reads thus:

“On 14.9.2025, while defacto complainant was participating in the procession in connection with Sree Krishna Jayanthi and when he reached near transformer mukku, these petitioners with intention to disturb the procession has criminally trespassed into the procession, armed with deadly weapons and destroyed the autorickshaw bearing registration number KL-18/AD-7362 with an iron rod and thereafter has attacked the defacto complainant with hands and the said iron rod. When the defacto complainant's younger brother's wife tried to intervene, she has pulled down her neck and slapped her cheeks.”[sic.]

4. I have heard Sri.Prasoon K.P., 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. I went through the FIS. The only non bailable offence involved is under Section 118 (1) of the BNS. As per the allegations in the FIS, the applicants did not use any weapon. It was one Mr.Adarsh who used the weapon. That apart, the defacto complainant did not sustain external injuries. The applicants have no criminal antecedents. Considering the allegations levelled against the applicants, their custodial interrogation does not appear to be necessary. For 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 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 bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.