Regular bail can be contingent upon the severity of the allegations and involvement in the crime.

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 applicants are the accused Nos.2, 5 and 6 in Crime No.1251/2025 of Cantonment Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 103 , 115(2), 118(2), 127(2) and 296(b) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case against the applicant and other accused is that a dispute arose between students studying at Thycaud Model School, Thiruvananthapuram while playing football match. It is alleged that the applicants and the other accused persons came to the spot and attacked the students present in the ground. The deceased came to the spot and asked the accused Nos.1 to 7 to go away from there. By questioning the defacto complainant, the accused No.3 allegedly assaulted the deceased by using a helmet and the accused No.1 inflicted a stab injury on the chest of the deceased. The deceased succumbed to the injuries later. Thus, the applicants committed the aforesaid offences.

4. I have heard Sri. Latheesh Sebastian, the learned counsel for the applicants and Sri.C.K. Suresh, the learned Special 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 Special 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 accused No.6 was remanded to judicial custody on 18.11.2025 and the accused Nos.2 and 5 were remanded to judicial custody on 20.11.2025. The investigation is almost over. I went through the FIS. Specific overt acts have been alleged against the applicants. However, no serious overt acts have been alleged against accused Nos. 5 and 6. They have not used any weapons. Hence, I am of the view that they can be released on bail. However, since there is specific overt acts alleged against the accused No.2 and he has used weapon to inflict injury on the deceased, I am not inclined to grant bail to the accused No.2.

In the result, the application is allowed in part and the accused Nos.5 and 6 are released on bail on the following conditions: -

(i) The accused Nos.5 and 6 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 accused Nos.5 and 6 shall fully co-operate with the investigation.

(iii) The accused Nos.5 and 6 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 accused Nos.5 and 6 shall not commit any offence of a like nature while on bail.

(v) The accused Nos.5 and 6 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 accused Nos.5 and 6 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/-