The court granted pre-arrest bail, noting the affidavit indicating the misunderstanding that led to the complaint, despite previous criminal antecedents.

ORDER

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

arrest bail.

2. The applicants are the accused Nos.1 and 2 in Crime No.897/2025 of Alappuzha Police Station, Alappuzha District. The offences alleged are punishable under Sections 296(b), 115(2), 118(1) and 126(2) read with Section 3 (5) of Bharatiya Nyaya Sanhita , 2023 ( BNS ).

3. The prosecution case, in short, is that due to the previous animosity of applicant No.1 towards the defacto complainant, with common intention to cause hurt to him, along with applicant No.2 on 06.07.2025 at 8 p.m. approached the defacto complainant while he was standing in a petty shop near to CPM party office at Pulayanvazhi junction. Applicant No.2 took him to the passage near to the shop and applicant No.1 hurled abusive words against him and beat on his back and chest and also beat on the back of right ear with the handle of a steel knife. When he fell down, applicant No.1 stamped on his back and thereby committed the offences.

4. I have heard Sri.Shaji Thankappan, the learned counsel for the applicants and Sri M.C.Ashi, 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. The defacto complainant has sworn in Annexure A2 affidavit stating that he has no objection in granting bail to the applicants. It is stated in the affidavit that the crime happened to be registered due to a misunderstanding between himself and the applicants. It is true that the applicants have strong criminal antecedents. However, considering the fact that the defacto complainant has sworn in an affidavit stating that the crime was registered due to a misunderstanding, I am of the view that the custodial interrogation of the applicants are not necessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicants.

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

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

(iii) The applicants 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 applicants shall not commit any offence of a like nature while on bail.

(v) The applicants 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 applicants 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