The court can grant bail based on the nature of allegations, evidence, and the accused's previous criminal record.

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.1, 3 and 4 in Crime No.2833/2025 of Thiruvalla Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 118 (1), 109, 296(b) r/w Section 3 (5) of BNS, 2023.

3. The prosecution case, in short, is that on 09.11.2025 at about 08:00 p.m., while the accused and the de-facto complainant were present at Elite Bar, Thiruvalla, the accused No.1, due to some previous enmity, entered into a verbal altercation with the de-facto complainant and stated that he would kill him. In furtherance, the accused No.1, hit the de-facto complainant on his head using a beer bottle and at that time the accused Nos.2 to 6 stated that the de-facto complainant needs to be killed, threw beer bottles and soda bottles at him. As a result injuries were caused to the head and face of the de-facto complainant. Hence, the accused have committed the offences.

4. I have heard Sri.K.V.Anil Kumar, 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 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

24.11.2025. The main allegation is against the accused No.1 Even as per the prosecution version, it is the accused No.1, who assaulted the defacto complainant with a steel jug. The allegation against the accused Nos.3 and 4 is that they assaulted the defacto complainant with their hands. That apart the accused No.1 has strong criminal antecedents. He is involved in 16 cases. Hence, I am of the view that he cannot be released on bail. However, considering the allegations levelled against the accused Nos.3 and 4 and also the period of detention they have already undergone, I am inclined to grant bail to them.

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

(i) The accused Nos.3 and 4 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 accused Nos.3 and 4 shall fully co-operate with the investigation.

(iii) The accused Nos.3 and 4 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 accused Nos.3 and 4 shall not commit any offence of a like nature while on bail.

(v) The accused Nos.3 and 4 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 accused Nos.3 and 4 shall not leave the State of Kerala without the permission of the trial Court.

(vii) 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/-