Pre-arrest bail granted due to lack of serious allegations and completion of investigation.

ORDER

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.22/2026 of Kundara Police Station, Kollam District. The offences alleged are punishable under Sections 126(2), 296(b), 115 (2) and 118 (1) of the Bharatiya Nyaya Sanhita ( BNS ), 2023.

3. The prosecution case, in short, is that on 02.01.2026 at 17 hours, accused No.1 along with the applicant, who were under the influence of liquor, wrongfully restrained the complainant. The accused No.1 had brandished a brick trowel towards the head of the complainant, which had hit the head of the complainant causing injury. The accused No.1 had also struck the complainant with a stick, which was a deadly weapon. The accused No.1 had continuously struck the complainant with the stick. The applicant No.2 had stamped on the chest of the complainant several times and thereby committed the offences.

4. I have heard Sri.Sriraj P., 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. There are no serious allegations against the applicant. He has not used any weapon. It is the accused No.1 who used the weapon. The applicant has no criminal antecedents. The investigation is almost over. 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, 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

SKP

APPENDIX OF BAIL APPL. NO. 912 OF 2026 PETITIONER’S ANNEXURES:

Annexure A1 A TRUE COPY OF THE FIR NO. 22/2026 DATED

04.01.2026 OF KUNDARA POLICE STATION Annexure A2 TRUE COPY OF THE ORDER DATED 27.01.2026 IN BA NO.61/2026 PASSED BY THE PRINCIPAL SESSIONS COURT, KOLLAM RESPONDENTS' ANNEXURES: NIL TRUE COPY P.A. TO JUDGE