Pre-arrest bail granted due to insufficient evidence against the applicant in a case with serious allegations.

O R D E R

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 No.2 in Crime No.385/2025 of Kannamaly Police Station, Ernakulam District. The offences alleged are punishable under Sections 351 (3), 118(1), 118(2) and 74 read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’).

3. The prosecution case, in short, is that the applicant, along with other accused persons, with the intention to assault the defacto complainant and his family, criminally trespassed into the residential house of the defacto complainant with deadly weapons. There was enmity between them in connection with the incident that the defacto complainant questioned about the misdeeds of his neighbor, Smt.Leela. The accused persons are relatives of Smt.Leela. On account of this prior enmity, on 25.12.2025 at about 9.30 p.m., they criminally trespassed into the residence of the defacto complainant and verbally abused him. Accused No.1 beat on his head using the shock stump of a motorbike. The defacto complainant resisted it using his left hand. He fell down. All the accused persons beat and kicked him. Accused Nos.3 and 4 wrongfully confined the friend of the defacto complainant. The wife of the defacto complainant came out of the house on hearing the hue and cry. Accused No.2 outraged her modesty by pushing her away by pressing on her chest. The defacto complainant sustained a fracture to his left wrist, and others sustained injuries to their head and accordingly committed the aforementioned offences.

4. I have heard Sri.Sam Isaac Pothiyil, 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. I went through the FIS. The main allegations are against accused Nos.1 and 3. There are no serious allegations against the applicant. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-

arrest bail to the applicant.

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,