The court determined that the applicant, after serving seven months in custody and with no prior criminal record, is entitled to bail despite serious allegations against him.

ORDER

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

2. The applicant is the sole accused in Crime No.474/2025 of Chengamanad Police Station, Ernakulam District. The offences alleged are punishable under Sections 109 , 332(b), 118(1), 309(4), 115(2) and Section 74 of the Bharatiya Nyaya Sanhita , 2023 (for short, BNS ).

3. The prosecution case, in short, is that on

24.05.2025, at about 7.30 p.m., the applicant, with the intention to commit robbery, trespassed into the victim’s house and hit the victim on the head with a dangerous weapon, and thereafter, committed theft by stealing gold ornaments from the victim and thereby committed the aforementioned offences.

4. I have heard Sri.Nireesh Mathew, the learned counsel for the applicant and Sri.Ashi.M.C., the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is 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 applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 25.05.2025. The investigation is over and final report has already been filed. It is true that the applicant brutally attacked a 79 year old lady and committed theft. The applicant is in custody for the last 7 months and the investigation is over. He does not have any criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only)

with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

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

(iii) The applicant shall not enter into the jurisdiction of Chengamanad Police Station.

(iv) The applicant 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.

(v) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vi) 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/-