The court determined that insufficient evidence justifies the granting of bail, affirming the presumption of innocence until proven guilty.

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 4 in Crime No.816/2025 of Vazhakkad Police Station, Malappuram District. The offence alleged is punishable under Section 103 (1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 18-10-2025 at or about 9.30 pm, the applicant attacked one Sajeem Ali with mobile phone causing grievous injuries on his head and the deceased succumbed to injuries at Medical College Hospital, Kozhikode and thereby committed the above offence

4. I have heard Sri.K.Rakesh, 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 applicants were remanded to judicial custody on

22.10.2025. The investigation is over and the final report has already been filed. It is seen from the records that the deceased was a habitual offender and was involved in a series of grave offences, the details of which have been given in the bail application. In the incident, the applicant No.1 has sustained serious injuries. 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 not commit any offence of a like nature while on bail.

(iii) 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. (iv) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(v) 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