Bail may be granted when the accused demonstrates a probable case of self-defense and no material evidence connects them to the crime.

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.1411/2025 of Kadakkavoor Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 115(2), 118(1), 351(2) and 109(1) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on

20.12.2025 at about 5 pm, a scuffle occurred between the two sons of the defacto complainant at their residence situated in Chirayinkeezh Village and in that scuffle, the elder son of the defacto complainant Rahul hit her younger son Rajmohan, the applicant herein, on his head with a stone. Then the applicant threatened to kill Rahul by using a knife, stabbed him on the left side of his abdomen causing grievous injuries and thereby committed the offences.

4. I have heard Sri. Anand Remesh, the learned counsel for the applicant and Sri. M.C. Ashi, 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 Senior 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 applicant and the victim are brothers. The defacto complainant is their mother. A reading of the FIS would show that there was a scuffle between the applicant and the victim which was in fact initiated by the latter. During the scuffle, the victim hit on the head of the applicant with a stone. In retaliation, the applicant stabbed the victim with a knife. Therefore there is a probable case of self defence. In these circumstances, I am of the view that the applicant can be granted anticipatory bail even though he has criminal antecedents.

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

(i) The applicant shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(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 bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-