Bail granted when investigation progresses and custodial period is significant, with strict conditions imposed.

O R D E R

This petition seeking regular bail has been filed by the

1^st accused in crime No.1098/2025 of Kattoor Police Station registered alleging commission of offences punishable under Sections 126(2), 115(2), 118(1), 118(2), 110, and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

2. The prosecution allegation is that on 14.12.2025 at

5.15 p.m while the defacto complainant along with his friend was sitting on a culvert located near Karalam school ground, the accused Nos.1 and 2 who were BJP activists who came in a motor bike in front of a victory parade conducted by BJP workers following the last local body election provoked the defacto complainant by making some teasing statements. Thereafter the 2^nd accused wrongfully restrained the defacto complainant by catching hold of both his hands and directed the 1^st accused to attack him. In the meantime, the 1^st accused struck on the face of the defacto complainant using a knuckleduster and also stabbed aiming at the head of the defacto complainant with a key. As the defacto complainant evaded the said attack, the stab aimed at the neck of the defacto complainant fell on the lips of the defacto complainant causing injuries including loosening of tooth. Hence the accused are alleged to have committed the offences mentioned above.

3. Heard Sri.N.L.Bitto, the learned counsel for the petitioner as well as the Sri.Renjit George, the learned Senior Public Prosecutor.

4. Learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations levelled against him and he was implicated in this case only due to political reasons. According to the counsel, the petitioner who is arrayed as the 1^st accused in this case is an active BJP worker and following the recent local body election, the BJP workers arranged a victory procession and in the meantime the defacto complainant along with his companions who are CPM activists attacked the defacto complainant and his friends and with respect to the said incident, a case has already been registered by the police as crime No.1097/2025 alleging commission of offences punishable under Section 126(2), 115(2), 109, 296(b) r/w 3(5) of the Bharatiya Nyaya Sanhita(BNS), 2023. In order to escape from the criminal liability, the defacto complainant with the help of CPM leaders had foisted the present case against the petitioners and his friends. Learned counsel further urged that the petitioner was arrested in this case on 15.12.2025 and investigation in this case is practically complete and hence further judicial incarceration of the petitioner would serve no purpose. Per contra the learned Public Prosecutor opposed the bail application by highlighting the serious nature of the overt act attributed to the petitioner.

5. From a perusal of the available records, it is discernible that the accusation against the petitioner and other accused in this case is prima facie well-founded. The allegation that due to political rivalry the petitioner attacked the defacto complainant and inflicted injuries cannot be viewed lightly. Anyhow the petitioner who is arrayed as the 1^st accused in this case was arrested on 15.12.2025 and since then he has been under judicial custody.

6. Moreover the petitioner is having a case that it was the defacto complainant and his friends who actually attacked him. According to the counsel, with respect to the said incident, the police had registered a case as crime No.1097/2025 of Kattoor Police Station. In order to substantiate that a counter case has already been registered, a copy of the FIR in the counter case is produced. The copy of the said FIR reveals that as rightly pointed out by the learned counsel for the petitioner, a counter case has been registered against the defacto complainant and his friends alleging commission of offences punishable under Sections 126(2), 115(2), 109, 296(b)