Bail granted despite criminal antecedents due to lack of direct evidence linking the applicant to alleged crime.

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 accused No.8 in Crime No.739/2025 of Karunagapally Police Station, Kollam District. The offences alleged are punishable under Sections 61 (2), 103(1), 118(1), 238(a), 239, 249, 332(a) r/w 333 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 of the Explosive Substances Act, 1908 .

3. The prosecution case, in short, is that accused No.1, along with accused Nos. 2 to 9, entered into a criminal conspiracy to cause the death of Santhosh. In furtherance of the said conspiracy, accused Nos. 2 to 7 trespassed into the residence of the deceased at 02.30 a.m. on 27.03.2025 and hacked him to death. The assailants had blasted explosives in the building and thereby committed the above offences.

4. I have heard Sri.S.Rajeev, 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 29.03.2025. The first bail application filed by the applicant was dismissed by Annexure-I order mainly on the ground that the applicant has criminal antecedents. It is stated in the said order that applicant has twenty seven criminal antecedents. The learned counsel for the applicant submitted that most of those cases were already over. However, learned Special Public Prosecutor gave me a list which would show that at present seventeen cases are pending against the applicant. Out of the seventeen cases, except two cases, all the remaining cases are very old one. I went through the FIS. Admittedly, the applicant was not present in the scene of occurrence. The allegation against the applicant is that he along with accused Nos.1 to 7 and 9 hatched conspiracy to cause death of Santhosh and in furtherance of the said conspiracy, accused Nos.2 to 7 trespassed into the residence of the deceased and hacked him to death. I went through the final report. The allegation against the applicant to attract conspiracy is that he took a car, which was used by accused Nos.2 to 7 to travel to the place of occurrence, from the workshop and parked in front of the house. It is also stated in the final report that the applicant along with remaining accused was found in front of the house. Other than this, there are no other materials. In these circumstances, I am of the view that though applicant has criminal antecedents, considering his period of detention, he can 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 fully co-operate with the investigation.

(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,