Pre-arrest bail granted under Section 482 BNSS based on lack of serious injury and no criminal antecedents.

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.1101/2025 of Santhanpara Police Station, Idukki District. The offences alleged are punishable under Sections 296 (b), 118(1) and 324(4) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’).

3. The prosecution case, in short, is that, due to previous enmity towards the defacto complainant’s grandson, the applicant and other accused abused him using obscene language. When the defacto complainant and his grandson questioned the same, the accused abused both of them. It is further alleged that on 09.12.2025 at about 4 p.m. on the road on the Perumal side near the canal frontage at Pethotti Kara in Santhampara village, the applicant and accused Nos.2 and 3, acting in furtherance of their common intention, abused the defacto complainant and his grandson and the applicant allegedly cut the left hand of the defacto complainant with a penknife, accused No.2 hit the defacto complainant on the head with a stone causing injuries, accused No.1 assaulted the grandson by hitting him on the head with a stone and accused No.3 abused the grandson using obscene language. It is also alleged that the accused kicked and damaged the scooter belonging to the grandson, thereby causing a loss of Rs.5,000/- to the defacto complainant and thereby committed the aforementioned offences.

4. I have heard Sri.Balasubramanyan, the learned counsel for the applicant 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 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 defacto complainant or the other injured did not sustain any serious injuries at all. 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 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