Pre-arrest bail granted considering lack of serious injuries and no criminal antecedents of the applicants.

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.2770/2025 of Kollam East Police Station, Kollam. The offences alleged are punishable under Section s 296 (b), 115(2), 118(1), 110 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that while the applicants were waiting for supply of liquor in a bar, the complainant had made an order for liquor before liquor was supplied to the applicants. The applicants got infuriated and assaulted the complainant. The applicants had used filthy language. The 1^st applicant had picked up a bottle of bear and struck the right side of the head of the complainant. The 2^nd applicant had struck the chest of the complainant with a glass.

The applicants had also fisted and stamped the complainant.

4. I have heard Sri.M.Rajesh, the learned counsel for the applicants and Smt. M.K.Pushpalatha, 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 Senior 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 FIS would reveal that the incident took place inside a bar, where a scuffle occurred between the defacto complainant, the applicants and the other accused. The wound certificate does not show any serous injuries. The applicants do not have any 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. Sd/-

DR. KAUSER EDAPPAGATH JUDGE VPK APPENDIX OF BAIL APPL. NO. 13756 OF 2025 PETITIONER ANNEXURES Annexure 1 THE TRUE COPY OF THE FIR IN CRIME NO.