The court highlights the threshold for granting bail based on lack of serious evidence and the absence of a significant overt act by the applicant.

O R D E R

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.3 in Crime No.1361/2025 of Mala Police Station, Thrissur District. The offences alleged are punishable under Sections 126 (2), 115(2), 118(1), 333, 324(4) and 110 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, on 28.12.2025, at 07.00 pm, the applicant along with other accused persons in furtherance of their common intention, due to the enmity towards the first informant, accused No.2 caught on the neck of Sri. Dhaneesh who is the relative of the first informant and accused No.1 fisted him and accused Nos.2 and 3 hit him on his body. Thereafter, accused Nos.1 to 4 wrongfully restrained the first informant and attacked him. When the first informant escaped from the attack of the accused and reached at the house of Sri. Lakshmanan, at Athikkadavu who is the relative of the first informant, the accused Nos.1 to 4 trespassed into the sit out of his house and accused Nos.2 to 5 attacked him. It is further alleged that the accused No.1 hit on the head of the first informant with a granite stone and thereby sustained injuries on his head. If the attack of the accused by using granite stone had shifted slightly, it would have hit on his head and would have caused death. Thus, the accused is alleged to have committed the aforementioned offences.

4. I have heard Sri. Jerry Mathew, the learned counsel for the applicant and Smt. Sreeja.V, 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. 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 applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 29.12.2025. The investigation is almost over. I went through the FIS. No serious overt act has been alleged against the applicant. He did not use any weapon also. He has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to 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, 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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-