Pre-arrest bail can be granted when custodial interrogation is deemed unnecessary and the accused have no criminal antecedents.

ORDER

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

2. The applicants are the accused Nos.1 to 4 in Crime No.1131/2025 of Santhanpara Police Station, Idukki District. The offences alleged are punishable under Section s 74 , 110, 115(2), 118(1) and 296(b) r/w Section 3 (5) of Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on 21-12-2025 at about 04.00 p.m., the applicants with common intention to attack the de-facto complainant and others in front of the SNDP Branch No. 4249 at Pooppara assaulted the de-facto complainant and others with dangerous weapons with intent to kill them and outraged the modesty of women, and thus committed the offences.

4. I have heard Sri.S.Jiji, the learned counsel for the applicants and Sri.M.C.Ashi, 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 above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

6. It is true that there are specific allegations against accused Nos. 1 and 2 and the de facto complainant and another has sustained injury. However, in respect of the very same incident, there is a counter case as well, as evident from Annexure-A2. A reading of both FIRs would show that there was a clash between two factions of the SNDP Yogam and, the defato complainant, the applicants and some others sustained injuries. The applicants do not have any criminal antecedents. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicants.

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

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

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

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