The court emphasizes the importance of bail rights, citing insufficient grounds for continued detention post-investigation.

ORDER

These applications are 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 and 7 in Crime No.1014/2025 of Kulathupuzha Police Station, Kollam District. The offence alleged is punishable under Section 310 (2) of the Bharathiya Nyaya Sanhita, 2023

3. The prosecution case, in short, is that on 01.11.2025 at 23.00 hours, accused Nos. 1 to 7 with an intention to commit dacoity, trespassed into the rented house of the defacto complainant, owned by the applicant No.1. It is further alleged that the accused Nos. 2 and 3 forcefully placed both hands of the defacto complainant on his back. It is further alleged that the accused Nos. 4 and 5 took the mobile phone of the wife of the defacto complainant and restrained her. It is further alleged that the accused no.6 has taken two out of three liquid gold packets smuggled by the defacto complainant from Dubai to India on 09.10.2025 through Nedumbassery Airport by concealing the same in a binocular. It is further alleged that the accused No.6 took Rs. 30,35,000/- i.e, the alleged sale proceeds of one packet of liquid gold smuggled to India by the defacto complainant, Rs. 30,000/- kept for household expenses, broken gold and silver ornaments worth Rs.20,000/-, a mobile phone and hand bag of the wife of the defacto complainant and escaped in a vehicle driven by the applicant No.7, which was waiting outside the rented house. Thus, the applicants have committed the above offences.

4. I have heard Sri.S.R.Sreejith, the learned counsel for the applicant in B.A. No.14438 of 2025, Smt.Arya Harshan, the learned counsel for the applicant in B.A. No.14340 and Smt.M.K.Pushpalatha, 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 was remanded to judicial custody on 03.11.2025 and 04.11.2025 respectively. Since then, they were in judicial custody. The investigation is almost over. The recovery was effected. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

In the result, the applications are allowed on the following conditions: -

(i) The applicants 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 applicants shall fully co-operate with the investigation.

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

(v) The applicants 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 applicants 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 viola