The court grants bail when the accused's detention is unnecessary, considering no criminal antecedents and insufficient evidence linking them to a serious offense post-investigation.

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 accused in Crime No.1745/2025 of Kattappana Police Station, Idukki District. The offence alleged was punishable under Sections 124 (1) of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS ). During the period of investigation, the victim passed away and therefore Section 124 (1) of was substituted with Section 103 (1) of the .

3. The prosecution case, in short, is that on 03.11.2025 at

10.30 pm, the deceased reached in front of the applicant's house at Valiyapara Bhagam, Kattappana Village and abused the applicant and his family by hurling filthy and abusive words against them. At that time, the applicant threw hot water mixed with chilly powder on the deceased thereby injuring him. The deceased was taken to Kottayam Medical College and during the course of treatment, he passed away on 08.11.2025 and thereby the applicant has committed the offence.

4. I have heard Sri.S.Rajeev, 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

05.11.2025. The investigation is over and the final report has already been filed. Initially, the allegation was that the applicant poured acid on the deceased. However, later during investigation, it was found that the applicant poured hot water. The statement of the son of the deceased as well as the confession statement of the applicant would show that the deceased was a nuisance to the public on several occasions. After consuming liquor, he used to abuse the neighbors, including the applicant. On the date of the incident also, there was a quarrel between the applicant and the deceased. It appears that, infuriated by the same, the applicant poured hot water on the face of the deceased. 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/-

DR. KAUSER EDAPPAGATH JUDGE NP APPENDIX OF BAIL APPL. NO. 938 OF 2026 PETITIONER ANNEXURES Annexure I A COPY OF THE ORDER DATED 17.12.2025 PASSED BY THE COURT OF SESSIONS, THODUPUZHA Annexure II ORDER DATED 15-01-2026 IN BAIL APPL.104/2026 ON HIGH COURT