The court allows bail when statutory periods elapse without charge completion, citing lack of substantial evidence.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ) seeking regular bail.

2. The applicants are the accused Nos.1 to 3 in Crime No.1434/2025 of Kunnamkulam Police Station, Thrissur District. The offences alleged are punishable under Sections126(2), 115(2), 118 (2), 109 (1), read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the accused persons, due to enmity towards the defacto complainant as he touched the body of the applicant No.1 accidentally, on 29.11.2025 at 2 p.m. at West Mangad wrongfully restrained him and slapped at his face with an intention to kill the defacto complainant, beat at his face with a soda bottle which resulted fracture to his teeth at upper jaw and also fracture at his nasal bone. When the friends of the defacto complainant prevented the attack of the applicant No.1, he tried to beat the defacto complainant again, then the accused 1 to 6 kicked and beat them and thereby committed the above offenes.

4. I have heard Sri.V.V.Joy, the learned counsel for the applicants and Sri.K.A.Noushad, 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 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 Senior 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 applicants were remanded to judicial custody on

30.11.2025. The learned Senior Public Prosecutor submitted that the investigation continues and final report has not been filed. Since sixty days have elapsed from the date of arrest of the applicants, they are entitled for statutory bail. It is true that the applicant No.1 has criminal antecedents. However, the investigation is not complete even after the elapse of sixty days of the arrest of the applicants. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

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

(i) The applicants shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(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 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