The decision allows bail based on custody duration, lack of prior offenses, and completion of investigation.

ORDER

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

2. The applicant is the sole accused in Crime No.348/2025 of Ramankary Police Station, Alappuzha District. The offence alleged is punishable under Section 103 (1) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’).

3. The prosecution case, in short, is that the applicant had some misconceptions that his wife, the deceased, had an illicit relationship with another person, namely, Sajeev, who is an autorickshaw driver. On 21.05.2025 at around 10.40 pm, when the victim reached in front of her house as she was returning home in an autorickshaw from Medical College Hospital, Kottayam, after visiting the son-in-law of her sister, the applicant, with the intention to finish her, stabbed her with a steel knife, and she sustained several stab injuries. Even though she was taken to Medical College Hospital, Alappuzha, she succumbed to the injuries.

4. I have heard Sri.Manu Harshakumar, the learned counsel for the applicant and Sri.C.K.Suresh, the learned Special 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 present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is 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 applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 22.05.2025. The investigation is over and the final report has been filed. The applicant murdered his wife on the suspicion that she was having some illicit relationship. Even though the allegation is serious in nature, considering the fact that the applicant is in custody since 22.05.2025, final report has already been filed and that he has no criminal antecedents, I am of the view that his further detention is not necessary. Hence, the applicant is entitled to be released on bail.

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

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

(ii) The applicant shall not enter into Alappuzha district till the disposal of the case after trial.

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

(iv) 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.

(v) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vi) 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.