Pre-arrest bail granted due to insufficient evidence of awareness regarding the complainant's husband's medical condition.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the accused No.2 in Crime No.992/2025 of Kuttipuram Police Station, Malappuram District. The offences alleged are punishable under Sections 115(2), 105 and 3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on 07.10.2025 at 10.30 am, accused No.1 and accused No.2 attacked the accused No.1's brother and the complainant's husband, Gangadharan, following a dispute over the road on the northern boundary of the house at Atalur, knowing that the complainant's husband had a heart disease and that death might occur. It is further alleged that as a result of the attack, the complainant's husband fell down and he died on the way to the Kuttippuram Govt. Taluk Hospital.

4. I have heard Sri.Sharan Shahier, the learned counsel for the applicant and Smt.M.K.Pushpalatha, 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation. 6. A reading of FIS would show that on the faithful day, there was a scuffle between the applicant, the accused No.1 and the deceased and in the said scuffle, the deceased fell down and subsequently died on the way to the hospital. There is nothing on record to suggest that the applicant was aware of the fact that the deceased was suffering from heart disease. The investigation is almost over. The accused No.1 has already been released on bail. The applicant does not have any criminal antecedents. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

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

(i) The applicant shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

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

(v) 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.

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

(vii) The application, if any, for deletion/modification of 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 DSV/15.01.2026 APPENDIX OF BAIL APPL. NO. 14140 OF 2025 PETITIONER'S ANNEXURES Annexure 1 THE TRUE COPY OF THE FIR DATED

07.10.2025 CRIME NO. 992 OF 2025 IN THE FILES OF KUTTIPURAM POLICE STATION Annexure 2 THE TRUE COPY OF THE ORDER