A bail application should be granted when evidence does not substantiate premeditation or a criminal history.

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 sole accused in Crime No.950/2024 of Kozhinjampara Police Station, Palakkad District. The offence alleged is punishable under Section 103 (1) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that on 10.11.2024, at about 2.30 p.m., the applicant, along with Martin Antony Swamy, the deceased in this case, after consuming alcohol, went to a public pond named “Potteri” at Kozhippara of Vatakarappathy Village for taking bath and when the applicant went to take bath, the deceased consumed the balance liquor kept by the applicant by the side of the above pond, and aggrieved by that, the applicant, with the intention to commit murder of the deceased, kicked him into that pond and thus murdered him.

4. I have heard Sri.Godwin Joseph, the learned counsel for the applicant and Sri.C.K.Suresh, the learned Special 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 Special 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 applicant was remanded to judicial custody on

23.11.2024. The investigation is over and the final report has been filed. It is revealed from the final report that the applicant, along with the deceased, consumed alcohol together and went to take a bath. Thereafter, the deceased consumed the balance liquor kept by the applicant. Aggrieved by the said conduct of the deceased, the applicant kicked the deceased to the pond and thereby murdered him. Thus, even from the prosecution allegation, there was no premeditated act. The applicant has no criminal antecedents. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to 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 not commit any offence of a like nature while on bail.

(iii) 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.

(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(v) 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/-