The court held that detention circumstances can warrant bail if they preclude a fair trial and the accused shows willingness to cooperate.

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.104/2016 of Nooranadu Police Station, Alappuzha District. The offences alleged are punishable under Sections 341, 323, 324, 294(b) and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case, in short, is that on account of previous enmity towards CW1, the applicant, along with the others, in furtherance of their common intention to cause hurt, wrongfully restrained him and voluntarily caused hurt to him by slapping him on his face at Adhikattukulangara in Palamel village on 21.01.2014 at 8.45 p.m. It is further alleged that the applicant and accused No.2 inflicted cut injuries above the right ear, head, right shoulder and left side of the neck by using dangerous knives with the intention to cause his death. It is also alleged that accused Nos.4 and 5 voluntarily caused hurt to him by stamping and kicking him.

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 trial court issued summons to the applicant to appear before the trial court on 01.04.2025. However, he did not appear. Thereafter, he was detained under the KAAPA proceedings on 07.04.2025 and he was released only on 30.12.2025. His arrest in the above case was recorded on 30.12.2025 and since then he is in judicial custody. It appears that though summons was served to him, he could not appear before the trial court from 07.04.2025 till 30.12.2025 since he was in detention under the KAAPA proceedings. In these circumstances, I am of the view that the applicant 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, 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/-