Pre-arrest bail granted based on lack of evidence and the circumstances surrounding the incident.

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 in Crime No.10/2026 of Kunnamangalam Police Station, Kozhikode District. The offences alleged are punishable under Sections 126 (2), 115(2) and 110 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on 02.01.2026 at 07.15 p.m. when the applicant was attempting to assault the defacto complainant’s mother, he intervened and at that time, the applicant, who is the brother of the defacto complainant’s mother had assaulted the defacto complainant. He stamped on the body of the defacto complainant and twisted his fingers and thereafter, caught hold of the neck of the defacto complainant and thereby committed the offences.

4. I have heard Sri.M.Promodh Kumar, 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. The applicant is the uncle of the victim. The incident took place at the house of the victim where the victim along with his mother resides. It is revealed from the FIS that the victim and his mother are not in good terms with the applicant. In the FIS, it is stated that the mother of the victim assaulted the applicant with a wooden stick and at that time, the victim intervened and he was beaten by the applicant. The applicant has also sustained injury in the incident as evident from the wound certificate. The victim has not sustained any serious injury. The applicant has no criminal antecedents. 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/-