Court dismisses bail applications due to seriousness of allegations and criminal antecedents.

ORDER

[Bail Appl. Nos.13498/2025, 13500/2025]

These applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS )

seeking regular bail.

2. The applicant in B.A.No.13498/2025 is the accused No.1 and the applicant in B.A.No.13500/2025 is the accused No.2 in Crime No.1315/2025 of Puthoor Police Station, Kollam District. The offences alleged are punishable under Sections 103 (1), 296(b), 329(3), 351(3) read with 3(5) of of the Bharatiya Nyaya Sanhita , 2023 (for short, BNS ).

3. The prosecution case, in short, is that the accused Nos.1 and 2, in furtherance of their common intention, out of previous enmity towards Sri.Gokulnath, on 06.10.2025 at 8.30 pm, trespassed into the house named Gokulam veedu situated in Pavithreswaram Village, uttered obscene words and threatened to kill Sri.Gokulnath. Accused Nos.1 and 2, thereafter, on the same day itself, at 22.30 pm, intercepted Sri.Gokulnath at the Kanal road in Pavithreswaram Village and hit on his head and body with a stick like instrument, thereby caused grievous hurt to him, and he succumbed to the injuries.

4. I have heard Sri.Sanil Kumar A., the learned counsel for the applicants and Sri.C.K.Suresh, the learned Special 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 Special 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 accused No.1 was remanded to judicial custody on 09.10.2025 and the accused No.2 was remanded to judicial custody on 11.10.2025. A perusal of the case diary would reveal that the accusation against the applicants is very serious, and it prima facie shows a premeditated criminal act on their part. The allegation is serious in nature. Moreover, the applicants have criminal antecedents. Considering the nature of the crime, the gravity of the offence, the complicity of the applicants in it, and the facts and circumstances mentioned above, I am of the view that the applicants cannot be released on bail at this stage. The bail applications, accordingly, are dismissed.

Sd/-