Bail granted based on insufficient evidence for continued detention while imposing conditions for release.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS )

seeking regular bail.

2. The applicants are the accused Nos.11, 12 and 13 in Crime No.912/2025 of Vellikulangara Police Station, Thrissur District. The offences alleged are punishable under Sections 189 (2), 191(2), 332(c), 132, 324(5), 351, 190 of the Bharatiya Nyaya Sanhita , 2023 and Section 3 (1) of the Prevention of Damage to Public Property Act , 1984.

3. The prosecution case, in short, is that accused persons, on 08.12.2025 at about 9:00 a.m., due to the fact that a person died due to the attack of the elephant in the locality entered into the Chaippankuzhy Forest Office and destroyed the wireless set, LED etc., caused destruction and thereby committed the offences.

4. I have heard Sri.Raphael Thekkan, 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 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 applicants, and they are not entitled to bail at this stage.

6. The applicants were remanded to judicial custody on 17.12.2025. The applicants were not named in the FIR. The investigation is almost over. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail. The damages have been assessed at Rs.5,00,000/- (Rupees Five Lakhs only). Since public property has been destroyed and Prevention of Damage to Public Property Act has been involved, the applicants should be directed to deposit a portion of the damages sustained.

In the result, the application is allowed on the following conditions: -

(i) The applicants shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicants shall deposit Rs.25,000/- (Rupees Twenty Five Thousand only) each before the jurisdictional Magistrate/Court.

(iii) The applicants shall fully co-operate with the investigation.

(iv) 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.

(v) The applicants shall not commit any offence of a like nature while on bail.

(vi) 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.

(vii) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(viii) 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.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE APA APPENDIX OF BAIL APPL. NO. 69 OF 2026 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.912/2025 OF VELIKULLANAGRA POLICE STATION, THRISSUR DISTRICT DATED 08.12.2025.

ANNEXURE A2 TRUE COPY OF THE ORDER DATED 23.12.2025 IN CRL.M.P.NO.10881/2025 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKUDY.