The court allows bail for one accused with conditions while denying bail to others due to the severity of allegations and the impact on investigation.

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.1 to 4 in Crime No.1331/2025 of Narakkal Police Station, Ernakulam District. The offences alleged are punishable under Sections 189(2), 191(2), 190, 115(2), 118(1), 126(2) and 324(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS ).

3. The prosecution case, in short, is that the defacto complainant is the driver of a bus named ‘KUMAR’ bearing registration no. KL-38F-4720. At about 07.15 p.m on 10.11.2025, when the said bus was plying empty towards Cherai and when the same reached at Edavanakkad Aniyal Junction, 5 persons who came in two motor cycles waylaid the said bus, entered into the bus and attacked the defacto complainant and two of his friends with steel pipe and helmet whereby they sustained injury on their head, face and leg.

4. I have heard Sri.Ieans.C.Chamakkala, the learned counsel for the applicants and Sri.K.A.Noushad, 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 First Information Statement. There are specific overt acts against applicant Nos.1, 2 and 4. They have used weapons also. The defacto complainant and the injured sustained injuries in the incident. However, as against the applicant No.3, who is the father of the applicant No.2, there is no serious allegation. He did not use any weapon also. He is aged 51 years. Hence, I am of the view that the applicant No.3 can be granted pre-arrest bail. Considering the overt acts alleged against applicant Nos.1, 2 and 4, I am not inclined to grant anticipatory bail to them.

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

(i) The applicant No.3 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 No.3 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 No.3 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 No.3 shall not commit any offence of a like nature while on bail.

(v) The applicant No.3 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 No.3 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/-