The court affirmed bail eligibility based on justified absence from court proceedings due to prior detention.

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.1 in Crime No.232/2024 of Nooranadu Police Station, Alappuzha District. The offences alleged are punishable under Sections 341 , 365, 342, 323, 395, 201 and 506(ii) of the Indian Penal Code and Section 27 of the Arms Act .

3. The prosecution case, in short, is that on account of previous enmity towards CW2 and others, accused Nos.1 to 9 formed an unlawful assembly with the knowledge that they were the members of the assembly, armed with deadly weapons such as sword, sickle etc., with their common object to abduct CW2 and to cause hurt to him on 18.02.2024 at 10.30 p.m, wrongfully restrained the motorcycle ridden by CW2 by using the car bearing registration No.KL-31P-2367 at Erumakuzhy in Palamel village. It is alleged that the applicant intimidated CW2 by pressing the sword on his neck and abducted him in a car. Accused Nos.3 and 4 committed robbery of the motorcycle of CW2. It is also alleged that the applicant and accused Nos.5, 6 and 7 fisted CW2 and brought him to a house wherein accused No.10 committed robbery of the mobile phone of CW2 and kicked and fisted him along with accused No.2.

4. I have heard Smt.Manjusha K., 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 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 investigation is almost over. The applicant was arrested during the crime stage on 26.08.2024. He was released on bail on 25.10.2024. Thereafter, final report was filed and summons was issued to the applicant to appear before the trial court on 01.04.2025. He failed to appear and his bail was cancelled and he was arrested on 30.12.2025 and since then he is in judicial custody. The learned counsel for the applicant submitted that his failure to appear before the trial court on summons was not deliberate and he was in detention under the KAAPA proceedings. From the document produced before this Court, the said submission appears to be true. He was detained under the KAAPA proceedings on 07.04.2025 and he was released only on 30.12.2025. Hence, the non-appearance of the applicant before the trial court on summons is justified. Therefore, I see no reason to detain him further and 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.