Insufficient evidence warrants pre-arrest bail, allowing the applicant to cooperate with investigations while ensuring court conditions are met.

O R D E R

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 in Crime No.853/2025 of Palarivattom Police Station, Ernakulam District. The offences alleged are punishable under Sections 118(1), 115(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is as follows:- The defacto complainant is the Deputy Manager of Stalwart People Services India Ltd. engaged in supplying security service personnel. They are supplying security to the Confident Group head office at Palarivattam. When a security guard Jayan P.K., had been working as the security guard at the head office of Confident Group, on 21.11.2025 morning at 8.45 a.m., the applicant came in a car bearing registration number KL-05-BC-5555 and parked on the main entrance of the building. When the security personnel requested the applicant to remove the car, he took out an iron rod from the car and brutally attacked the security guard employed by the defacto complainant. Later he parked the car in the parking area of the Confident Group and again assaulted the security and thereby committed the offences.

4. I have heard Sri.Satheesh Mohanan, 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 alleged incident took place at the main entrance of the head office of Confident Group at Palarivattom, Ernakulam, where the injured was deputed as the security guard. It is seen from the FIS that there was some exchange of words followed by altercation between the injured and the applicant over the parking of his car. Annexure-2 would show that the applicant has also sustained injury and he visited Ernakulam Medical Centre on the same day at 9.37 a.m. The alleged incident was at 8.45 a.m. Annexures 3 and 4 would show that the applicant and his wife preferred a complaint against the injured. The injury sustained by the injured is not serious in nature. The applicant has no criminal antecedents. 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