The court distinguishes between the roles of accused in a violent incident to determine qualifications for pre-arrest bail.

ORDER

These applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicant in B.A.No.648/2026 is the accused No.3 and the applicants in B.A.No.708/2026 are accused Nos. 2, 1, 6 and 5 respectively in Crime No.1343/2025 of Bekal Police Station, Kasargod District. The offences alleged are punishable under Sections 189 (2), 191(2), 191(3), 126(2), 115(2), 118(1), 110 and 351(2) read with Section 190 of the Bharatiya Nyaya Sanhita , 2023 (for short, the BNS ). During investigation, the offence under Section 118 (2) of the also is added.

3. The prosecution case, in short, is that on 23.12.2025 at about 10.30 pm at Periyattadukkam in Panayal Village, the applicants, on account of their political rivalry and in prosecution of their common object, formed themselves into an unlawful assembly and attacked the defacto complainant with dangerous weapons such as punch and a wooden log, inflicted injury on the left side of his eye and on his mouth and thereby committed the offences.

4. I have heard Sri. Sukarnan and Sri. Rahul Sasi, the learned counsel for the applicants and Sri. K.A. Noushad, 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. I went through the FIS. Specific overt act has been alleged against accused Nos. 1 and 2 who are applicant Nos. 2 and 1 in B.A.No.708/2026. They have used the weapon. In the incident, the defacto complainant has sustained fracture. Hence, I am of the view that they cannot be granted anticipatory bail. However, so far as accused No.3 (applicant in B.A.No.648/2026), accused Nos.5 and 6 (applicant Nos. 4 and 3 in B.A.No.708/26) are concerned, no serious overt act has been alleged against them. Hence, I am of the view that their custodial interrogation is not necessary. They can be granted anticipatory bail. For these reasons, pre-arrest bail can be granted to the applicant in B.A.No.648/2026 (accused No.3) and applicant Nos. 3 and 4 in B.A.No.708/26 (accused Nos. 6 and 5).

In the result, B.A.No.648/2026 is allowed and B.A.No.708/2026 is allowed in part on the following conditions:-

(i) The accused Nos. 3, 5 and 6 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 accused Nos. 3, 5 and 6 shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(iii) The accused Nos. 3, 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. 3, 5 and 6 shall not commit any offence of a like nature while on bail.

(v) The accused Nos. 3, 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