Court allowed bail for applicants 2 and 3 due to insufficient evidence while denying it for applicant 1 based on specific allegations.

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 3 in Crime No.1024/2025 of Neyyar Dam Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 85, 115(2), 118(1), 110 read with

3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the defacto complainant was subjected to cruelty both physically and mentally by the applicants demanding more dowry and thereby committed the offences.

4. I have heard Sri.Nikhil Sankar S., 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. The applicant No.1 is the husband of the defacto complainant and applicant Nos.2 and 3 are the parents of applicant No.1. There is specific allegation against applicant No.1. The FIS would show that on 20.10.2025, the defacto complainant was brutally attacked by the applicant No.1. However, there is no specific allegation against applicant Nos.2 and 3. The allegation against them is that they instigated the applicant No.1. Applicant Nos.2 and 3 are senior citizens. Their custodial interrogation is not necessary. Hence, they can be granted pre-arrest bail. However, for the reasons mentioned above, the applicant No.1 is not entitled to pre-arrest bail. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant Nos.2 and 3, except applicant No.1.

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

(i) The applicant Nos.2 and 3 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 applicant Nos.2 and 3 shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant Nos.2 and 3 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 applicant Nos.2 and 3 shall not commit any offence of a like nature while on bail.

(v) The applicant Nos.2 and 3 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 Nos.2 and 3 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.

(viii) The applicant No.1 shall appear before the investigating officer within a week from today. On such appearance, the investigating officer shall interrogate him and after interrogation, if the investigating officer is of the opinion that he has to be arrested, after recordi