Court grants bail based on lack of evidence for serious injuries and completion of investigation.

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 No.2 in Crime No.970/2025 of Medical College Police Station, Thrissur District. The offences alleged are punishable under Sections 329 (4), 118(1), 296(b), 351(2) read with 110 of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that on 12.12.2025 at about 12 AM, the applicant trespassed into the courtyard of the defacto complainant, because of prior enmity, abused him uttering obscene words, threatened him and attempted to hit him aiming his head with an iron bar, but for the timely moving away by the defacto complainant, it landed on his forehead and nose, causing contusion. It is further alleged that if the defacto complainant did not move away from path of the iron bar, that would have caused the death of the defacto complainant. Thus, the applicant has committed the above offences.

4. I have heard Sri.E.Vijin Karthik, the learned counsel for the applicant and Smt.Sreeja V., 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

13.12.2025. It is true that the applicant has criminal antecedents. However, all those cases are prior to 2022. That apart, the defacto complainant has not sustained any serious injuries at all. The investigation is almost over and recovery has been effected. 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.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

SKP