Custodial interrogation is necessary for one applicant, while others granted bail with conditions.

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, 2, 3 and 5 in Crime No.4/2026 of Nedumkandam Police Station, Idukki District. The offences alleged are punishable under Sections 189 (2), 191(1), 191(2), 190, 118(1), 115(2), 296(b), 126(2), 74 and 324(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that due to animosity towards the defacto complainant, the applicants and other accused formed themselves into an unlawful assembly and in prosecution of the common object of that assembly, on 31.12.2025 at about 09:30 pm., at the sit out in front of the house of Salu bearing No. XX/355 of Nedumkandam Grama Panchayat, the accused No.1 assaulted Jomon, the son of the defacto complainant by hitting him on the face with an iron weapon. Accused Nos. 2, 3, and 5 also joined in the assault by kicking him, holding his head and throwing him to the ground. When the defacto complainant intervened, the accused No.1 kicked her on the right thigh, causing her to fall down and thereafter beat her with a wooden plank, causing injuries to the area above her knee and to the area above her right wrist. The accused No.1 also abused her in obscene language, caught hold of her neck and wrongfully restrained her. Further, the accused No.2 slapped her with his hand on the left side of her head and caught hold of her left chest and beat her, and also pulled and tore her nightie. It is further alleged that the accused Nos. 1 and 5 together tore the shirt and dothi of Jomon while assaulting him after he fell down due to the beating and lost a gold chain belonging to Jomon worth 1,50,000/- and thereby committed the aforementioned offences.

4. I have heard Sri. Biju C. Abraham, 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. I went through the FIS. Specific overt act has been alleged against the accused No.1, who is the applicant No.1 herein. He has used the weapon. There are allegations to constitute the offence under Sections 118 (1) and 74 of BNS against him, which are the non-bailable offences included. However, the allegations against the remaining accused are not serious in nature. They have not used any weapon also. Hence, I am of the view that the applicant Nos.2, 3 and 4, who are the accused Nos.2, 3 and 5 can be granted pre-arrest bail. However, considering the overt act alleged against the accused No.1, his custodial interrogation is necessary and he cannot be released on bail.

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

(i) The applicant Nos.2, 3 and 4 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, 3 and 4 shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for discovery, if any, as and when d