Judicial custody duration and investigation status warrant bail under specified conditions.

ORDER This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita , 2023 ( for short ' BNSS ').

2. The petitioner herein is the 5^th accused in Crime No.1023 of 2025 of Mannuthy Police Station, registered alleging commission of offences punishable under Sections 3 09(6) and 3(5) of the Bharatiya Nyaya Sanhita , 2023 (for short ' BNS '), altered u/s

310(2) of BNS .

3. The prosecution case is that, on 25.10.2025 at 4:35 a.m., accused Nos.1 to 9, in furtherance of the common object, assaulted the de facto complainant and committed theft of a bag containing Rs.75 lakhs and thereby committed the above mentioned offences.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations levelled against him. According to the counsel, the petitioner was implicated in this case on the basis of some surmises and conjectures as well as due to mistaken identity. The learned counsel urged that the investigation in this case has progressed substantially, and hence, further judicial incarceration of the petitioner is unwarranted, and the same will tell much upon the family members of the petitioner, who depend on him for their livelihood.

6. Per contra, the learned Public Prosecutor opposed this application by highlighting the serious nature of the offence alleged against the petitioner. According to the learned Public Prosecutor, the portion of the amount allegedly robbed off by the accused is yet to be recovered, and granting of bail at this stage is not at all desirable.

7. A perusal of the records reveals that the accusation against the petitioner is, prima facie, well founded. The allegation that the accused robbed off a huge amount of Rs.75 lakhs after assaulting and inflicting injuries on the de facto complainant cannot be viewed lightly. Anyhow, the petitioner, who is arrayed as the 5th accused in this case, was arrested on 28.10.2025, and since then he has been in judicial custody. The investigation in this case appears to have progressed substantially and is on the verge of completion.

8. I am not unmindful of the submission made by the learned Public Prosecutor that some portion of the amount robbed off is yet to be recovered. However, as already stated, the petitioner has been in custody for the last 62 days, and as part of the investigation, he was granted in police custody and interrogated. Therefore, I am at a loss to understand how the continued retention of the petitioner in judicial custody will facilitate the recovery of the remaining amount. Moreover, the 6^th accused, who faces similar allegations as that of the petitioner herein, has already been granted bail by this Court.

Hence, having regard to the duration of the judicial custody undergone by the petitioner and the present state of investigation, I am inclined to grant bail to him on the following conditions:

1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2. The petitioner shall appear before the investigating officer on every alternate Monday between 10 a.m. and 12 p.m. for three months or till the final report is filed in this case, whichever occurs first.

3. The petitioner shall appear before the investigating officer for interrogation as and when he is required to do so in writing, apart from the days mentioned above, till the completion of the investigation.

4. The petitioner shall co-operate with the investigation and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the fact