Pre-arrest bail granted based on the absence of serious injury and necessity for custodial interrogation.

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 applicants are the accused Nos.2, 3 and 5 in Crime No.1235/2025 of Chirayinkeezhu Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 189(2), 191(2), 190, 126(2), 296(b), 351(2), 115(2) and 118(1) of the Bharatiya Nyaya Sanhita , 2023.

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

20.12.2025 at about 07:25 p.m., the applicants along with the other accused formed themselves into an unlawful assembly near Andoor School Junction in Kurakkada Desom of Kizhuvilam Village, with a common object to assault the de facto complainant. It is alleged that accused No.1 restrained the de facto complainant, uttered obscene words and dashed his head against a boundary wall, causing severe injury. Thereafter, accused Nos.2 to 4 allegedly caught hold of the complainant’s hands, fisted and stamped him, while accused No.5 joined in intimidating the complainant, causing fear of death. 4. I have heard Sri. M.R.Sarin, the learned counsel for the applicants and Smt. Sreeja.V, 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. There is no allegation that the applicants have used any weapon. The de facto complainant did not sustain any serious injury also. The investigation is almost over. The applicants have no criminal antecedents. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. 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 filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE ARK APPENDIX OF BAIL APPL. NO. 719 OF 2026 PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE FIR CRIME NO. 1235/2025 OF CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM DATED 21.12.2025 ANNEXURE A2 THE TRUE COPY OF THE ORDER IN CRL. MC.

NO.3837/2025 ON THE FILES OF THE COURT OF THE ADDL. SESSIONS JUDGE -V, THIRUVANANTHAPURAM DATED 28.1.2026