The court held that prima facie evidence suffices for investigation protocols but not for immediate bail release.

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 No.1 in Crime No.1211/2025 of Kunnathunad Police Station, Ernakulam District. The offences alleged are punishable under Section s 296 (b), 110, 118(1), 115(2), 333 and 351(3) r/w Section

3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that out of the dispute with respect to the house occupied by the defacto complainant, on 13.10.2025 at about 05.00 p.m., the accused trespassed into the sit-out of the house occupied by the defacto complainant. The applicant assaulted and inflicted injuries on the head of the daughter of the defacto complainant with a billhook. When the defacto complainant tried to prevent the same, she was also assaulted with back side of billhook and thereby committed the offences.

4. I have heard Sri. P.Vijayabhanu, the learned senior counsel, as instructed by Sri.Akhil Faisal, the learned counsel for the applicant, Smt.S.Sujini, the learned counsel for additional respondent No.2 and Sri.K.A.Noushad, 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 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. 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 the landlord of the defacto complainant. There are prima-facie materials to show the involvement of the applicant with the crime. In the incident, the defacto complainant and her daughter sustained injuries; however, the injuries are not serious in nature. The investigation is in a preliminary stage.

7. Having heard the learned senior counsel for the applicant, the learned Senior Public Prosecutor and the learned counsel for the additional respondent No.2/defacto complainant, I am not inclined to exercise the extraordinary jurisdiction vested with this Court under Section 482 of BNSS . However, I am of the view that this is a fit case where the applicant can be directed to appear before the investigating officer. Hence, the following order is passed:-

8. If the applicant surrenders before the investigating officer within one week from today, the investigating officer shall interrogate him and after interrogation if the investigating officer forms an opinion that the applicant is to be arrested, the investigating officer shall record the arrest of the applicant and produce him before the jurisdictional Magistrate. The bail application if any moved by the applicant shall be disposed of by the learned Magistrate, in accordance with law, as far as possible on the same day itself. A copy of the bail application shall be given to the learned Public Prosecutor in advance.

The bail application is, accordingly, dismissed with the above observations.

Sd/-