Accused granted bail pending trial as no sufficient grounds for continued detention were established.

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 accused in Crime No.1000/2025 of Kattoor Police Station, Thrissur District. The offences alleged are punishable under Sections 126 (2), 117(3) and 115(2) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on 25.10.2025 at 10.30 pm, near to Chembazhanthi Auditorium at Edakkulam, the applicant wrongfully restrained the nephew of the defacto complainant and assaulted him causing serious injuries. Later on, he succumbed to the injuries at the hospital on 10.11.2025.

4. I have heard Sri. Nireesh Mathew, 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 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 3.11.2025. I went through the certificate including the statement of the doctor who conducted autopsy on the body of the deceased. It would show that the deceased was suffering from psychiatric illness and disorder due to the use of alcohol. He had a traumatic brain injury fourteen years back. He had renal failure as well. The question whether the death was due to the assault by the applicant is a matter to be decided in trial. The investigation is almost over. 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 fully co-operate with the investigation.

(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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.