Court grants pre-arrest bail recognizing doubts in prosecution's claims pending trial.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicant is the accused in Crime No. 1006/2025 of Meppadi Police Station, Wayanad District. The offence alleged is punishable underSection 108read with Section

3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is as follows:

Ramankutty, aged 65 years was reported missing from his courtyard at Vaduvanchal Valavu in Moopainadu amsom at 1.45 am on 22.11.2025 and later found dead in a nearby well at 6.30 am with a rope around his neck and a stone tied to it. It was alleged that on 21.11.2025 evening, Ramankutty sexually harassed the sister of the applicant. Later that night, the victim's relatives and local people gathered outside Ramankutty's house to prevent his escape and the applicant also joined them. Ramankutty sent his neighbour Rasheed to mediate, but the applicant along with some others who gathered there told Rasheed that they intended to humiliate Ramankutty in public as much as possible and will kill him. Fearing the arrest and public humiliation before his family, Ramankutty committed suicide.

4. I have heard Sri. Rasheed C. Nooranad, 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The deceased is a retired police officer. The applicant is a serving police officer. The incident took place on 22.11.2025. On the previous day, i.e., on 21.11.2025, the deceased allegedly, sexually harassed the sister of the applicant while she was travelling in a bus which led to the registration of crime against him as Crime No. 1004/2025 of Meppadi Police Station, Wayanad. According to the prosecution, later that night, the victims relatives along with the local residents assembled outside the house of the deceased to prevent him from fleeing and the applicant also joined them. In response, the deceased requested his neighbor namely Rasheed to intervene and resolve the issue. However, Rasheed was informed by the applicant together with the remaining accused that they intend to disgrace Ramankutty publicly and eventually kill him. The prosecution alleges that faced with the prospect of arrest in front of his family, the deceased took his own life by committing suicide.

7. I went through the statement of witnesses. It would show that there are some serious allegations against the applicant. It appears that he along with the other members of the locality gathered in front of the house of the deceased and declared that they would not move from there unless the police arrests him. However, it is doubtful whether the so-called act of the applicant would attract the offence of abatement or suicide. Whether there was any act on the part of the applicant to intentionally aid or instigate the deceased to commit suicide is a matter which is ultimately to be decided during trial. The applicant is a police officer and hence he will be very much available for investigation or interrogation, if any. He has no criminal antecedents. The remaining accused were already granted anticipatory bail. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

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

(i) T