Unlawful conduct and prior violations of bail conditions justify the dismissal of a bail application for serious offences.

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 applicant is the accused No.1 in Crime No.2849/2020 of Eravipuram Police Station, Kollam District. The offences alleged are punishable under Sections 307 , 326A, 324 and 109 of the Indian Penal Code (for short ‘ IPC ’) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ‘JJ Act’).

3. The prosecution case, in short, is that on 01.10.2020 at

09.05 p.m., the applicant poured acid on the bodies of witness Nos.2 and 3, inflicted grave injuries and attempted to kill them. The allegation against accused No.2 was that he abetted the commission of offences by the applicant. Thus, the applicant is alleged to have committed the above said offences.

4. I have heard Sri.Sreeraj M.D., the learned counsel for the applicant and Sri.U.Jayakrishnan, the learned 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 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

05.08.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The applicant was earlier released on bail. Thereafter, violating the bail conditions, he absconded for long. The trial court issued a non-bailable warrant against him, pursuant to which he was arrested on 04.08.2025. The trial of the case has already been scheduled. Considering the past conduct of the applicant, I am of the view that if he is released on bail, there is every likelihood that he would not be available for trial.

The bail application, accordingly, is dismissed.

Sd/-