The court ruled that the absence of serious allegations warranted pre-arrest bail, emphasizing the applicant's right to liberty and the necessity for fair judicial process.

O R D E R

Dated this the 29^th day of January, 2026 This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicant is the accused No.2 in Crime No.909/2025 of Payyoli Police Station, Kozhikode District. The offences alleged are punishable under Section s 126 (2), 115(2) and 118(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Kerala Prohibition of Ragging Act .

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

14.10.2025 at about 11.15 a.m., the accused persons, who are senior students in MHES College, Cherandathoor, wrongly restrained the de facto complainant, who is a first year B.Com student and attacked him. The accused No.1 pushed his head against a nearby glass wall, thereby breaking the glass and causing injury to the de facto complainant. Hence, the accused committed the above-

said offences.

4. I have heard Sri. Priyesh Kumar M.P., the learned counsel for the applicant and Sri. M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The applicant is an 18 year old second year degree student. He does not have any criminal antecedents. There is no serious allegation against the applicant. The main allegation is against the accused No.1. Admittedly, the applicant did not use any weapon. The accused No.1 has already been arrested and released on bail. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

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

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) 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 shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant 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 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.

Sd/-