Pre-arrest bail granted when the evidence for custodial interrogation is deemed unnecessary and injuries are minor.

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. 2 and

3 in Crime No. 2764/2025 of Kottarakara Police Station, Kollam District. The offences alleged are punishable under Section s 189 (2), 191(2), 191(3), 118(1) and 110 read with Section 190 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on

7.12.2025, at 9 pm, the applicants along with the remaining accused formed an unlawful assembly with common intention to cause grievous hurt to the defacto complainant on account of previous enmity and in furtherance of the said intention, they attacked the defacto complainant with deadly weapons and inflicted grievous injuries. It is alleged that accused No.1 and the applicants beat the defacto complainant with iron rods and caused injuries on his right elbow. When the defacto complainant fell down, accused Nos. 6 and 7 stamped and manhandled him. It is further alleged that the accused No.1 beat the defacto complainant's friend Hussain above his left ear with a punching bangle and the accused Nos. 4 and 5 fisted him on his face and nose and thereby committed the offences.

4. I have heard Sri. P.M. Ziraj, the learned counsel for the applicants, Sri. Abhijith Sreekumar, the learned counsel for the defacto complainant 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. I went through the FIS. It would show that when the defacto complainant saw the applicants beating one Hussain, he intervened and prevented them. Infuriated by the same, the accused No.1 with an iron pipe gave a blow on the head of the defacto complainant and he sustained injury on the head. Thereafter, the applicants with another iron pipe hit on the hand of the defacto complainant. The wound certificate would show that the defacto complainant has sustained lacerated wound on the forehead which corresponds to the blow given by the accused No.1. He has sustained only multiple abrasions on the right elbow and right ankle in the blow given by the applicants. Thus, the injuries sustained by the defacto complainant consequent to the blow given by them is minor in nature. The applicants have no criminal antecedents. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicants.

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

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

(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