Bail granted under specified conditions for some accused; serious injury prevents bail for main suspect.

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.1, 5 and 6 in Crime No.47/2026 of Keezhvaipur Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 189 (2), 191(3), 190, 332(c), 296(b), 115(2), 118(2), 351(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that on 20.01.2026 at about 00.30 hours, the applicants, along with the remaining accused, formed an unlawful assembly and, in prosecution of the common object of the assembly, trespassed into the residential house of the defacto complainant, hurled obscene words and assaulted him with a hockey stick with the intention to kill him and thereby committed the abovementioned offences.

4. I have heard Sri.Lejo Joseph, the learned counsel for the applicants and Sri.M.C.Ashi, 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. I went through the FIS. Specific overt act has been alleged against accused No.1, who is the applicant No.1 herein. He has used a hockey stick and assaulted the defacto complainant. The defacto complainant sustained a fracture in the incident. Considering the overt act alleged against accused No.1/applicant No.1 and the seriousness of the injury sustained by the defacto complainant, he cannot be released on pre-arrest bail. However, as far as the remaining applicants are concerned, no serious overt act has been alleged against them. Their custodial interrogation does not appear to be necessary. Hence, they are entitled to pre-

arrest bail.

In the result, the application is allowed in part on the following conditions:-

(i) The applicant Nos.2 and 3 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 applicant Nos.2 and 3 shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant Nos.2 and 3 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 applicant Nos.2 and 3 shall not commit any offence of a like nature while on bail.

(v) The applicant Nos.2 and 3 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 Nos.2 and 3 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 NP APPENDIX OF BAIL APPL. NO. 843 OF 2026 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE FIRST INFORMATION REPORT BEARING NO. 0047 DA