Bail applications granted due to prolonged detention and lack of strong evidence connecting the accused to the crime.

2026:KER:15950 O R D E R These two bail applications are connected and hence they are disposed of by a common order. They are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ) seeking regular bail.

2. These bail applications pertain to Crime No.294/2025 of Chengamanad Police Station, Ernakulam District. The applicant in B.A.No.14271 of 2025 is the accused No.1 and the applicant in B.A.No.144 of 2026 is the accused No.2 in the above said crime. The offence alleged is punishable under Section 302 r/w Section 34 of the Indian Penal Code , 1860.

3. The prosecution case, in short, is that the accused, in furtherance of their common intention to murder Sri. Vinu Vikraman, had on 10.04.2024 at 1.15 a.m., restrained him and inflicted injuries using a sword, resulting in the injured succumbing to his injuries and thereby committed the

2026:KER:15950 offence.

4. I have heard the learned counsel for the applicants and the learned Special 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 present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Special Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

6. The applicants were remanded to judicial custody on 10.04.2024. The investigation is almost over. It is true that the manner in which the murder was committed was a brutal one. It is also true that the applicants have criminal antecedents. However, insofar as the applicant in

2026:KER:15950 B.A.No.14271 of 2025 is concerned, the last crime against him was registered in the year 2019. Insofar as the applicant in B.A.No.144 of 2026 is concerned, the last crime involving a non-bailable offence was registered in the year 2019. Three crimes registered subsequent to that are only for bailable offences. It is submitted that the charge has not so far been framed. In these circumstances, considering the period of detention already undergone by the applicants, I am of the view that they can be released on bail. Hence, the applicants are entitled to be released on bail.

In the result, the applications are allowed on the following conditions: -

(i) The applicants shall be released on bail 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 jurisdictional Magistrate/Court.

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

2026:KER:15950 (iii) 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.

(iv) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(v) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

(vi) The applicants shall not enter into Ernakulam District except for the purpose of attending the Court.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE

APA