The court grants bail due to lack of serious evidence and the applicants' health condition, ensuring conditions to prevent interference with the investigation.

ORDER

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

2. The applicants are the accused Nos.1 and 2 in Crime No.32/2026 of Poovar Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 296 (b), 115(2), 118(1), 118(2) and 109(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’).

3. The prosecution case, in short, is that on 11.01.2026 at around 09:00 a.m. at Kanjampazhinji in Poovar Village, due to previous animosity, the applicants are alleged to have verbally abused and assaulted the informant and his brother, wherein applicant No.1 is alleged to have used a brick and thereby committed the aforementioned offences.

4. I have heard Sri.Nikhil Sankar S., 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 present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Senior Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

6. The applicants were remanded to judicial custody on 11.01.2026. The investigation is almost over. The main allegation is against applicant No.1. He assaulted the defacto complainant with a brick. It is true that the defacto complainant sustained serious injuries in the incident. However, Annexure 2 would show that applicant No.1 is a chronic kidney patient and he is undergoing dialysis. No serious overt act is alleged against applicant No.2. The applicants have no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

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

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

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

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

(vii) 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.