Pre-arrest bail granted under specific conditions due to no necessity for custodial interrogation.

O R D E R

This application is filed underSection 482of theBharatiya Nagarik Suraksha Sanhita, 2023(for short, BNSS ), seeking pre- arrest bail.

2. The applicants are the accused Nos. 1 and 2 in Crime No.1168/2025 of Kanjiramkulam Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 126 (2), 296(b), 351(2), 115(2) and 118(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 31.08.2025 at about 10.00 a.m., while the defacto complainant was standing at Parayanvilakam, the applicant No.2 and accused No. 3 wrongfully restrained him, applicant No.1 after uttering obscene words, by using a stone, hit the defacto complainant on his head and left hand, causing injuries. When the defacto complainant fell down, applicant No.1, by using an iron rod, beat him on his right thigh, causing an injury, kicked on his abdomen and thereby committed the offences.

4. I have heard Sri.Gokul D Sudhakaran, the learned counsel for the applicants and Smt.V.Sreeja, 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. Even though the incident in question took place on 31.08.2025, the FIR was registered only on 13.10.2025. There is also a counter case in respect of the very same incident, registered against the defacto complainant at the instance of the applicants. Annexure-2 is the FIR, which was registered on 01.09.2025. The applicants have also sustained fracture to the nasal bone in the incident. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicants.

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

(i) The applicants shall be released on bail in the event of their arrest 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 arresting officer/investigating officer, as the case may be.

(ii) The applicants shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(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 bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE

APA