The court emphasized the right to bail when the evidence does not substantiate ongoing detention, balancing the interests of justice with the applicant's rights.

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.1 in Crime No.1487/2025 of Kallambalam Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 109 (1), 115(2), 118(2), 249, 296(b), 324(4), 333 read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 (for short, BNS ).

3. The prosecution case, in short, is that due to prior animosity against the husband of the defacto complainant, the applicant along with three other accused trespassed into the house of the defacto complainant on 07.12.2025 at about 10.45 PM, the applicant slapped on the cheek of the defacto complainant and thereafter snatched the mobile phone and threw it away. At that time, accused Nos. 2 and 3 jointly abused the defacto complainant's husband and assaulted him. It is further alleged that on the instigation of the applicant to kill the husband of the defacto complainant, accused Nos. 2 and 3 caused grievous injuries to the hand and leg of the husband of the defacto complainant forcing the injured to seek treatment at Medical College Hospital, Thiruvananthapuram.

4. I have heard Sri.Latheesh Sebastian, the learned counsel for the applicant and Sri.K.A.Noushad, 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

18.12.2025. The investigation is almost over. The recovery has been effected. It is true that the applicant has criminal antecedents. However, the offences involved therein are not serious in nature. 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/-