Pre-arrest bail granted due to lack of serious allegations; applicants not a flight risk.

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, 7 and 8 in Crime No.94/2026 of Adimali Police Station, Idukki District. The offences alleged are punishable under Sections 115 (2), 296(b), 118(1), 126(2), 75, 76 and 351(2) read with

3(5) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ).

3. The prosecution case, in short, is that due to a dispute arising from the defacto complainant drawing water through a hose from the Panchayat pond to her husband's property passing through the applicants’ property, the applicants, in furtherance of their common intention, on 25.01.2026 at about 01:30 p.m. at Pazhukkalikkunnu, Machiplavu Kara, Parakkudi City area in Mannamkandam Village, wrongfully restrained, abused, and assaulted the defacto complainant. It is alleged that the accused No.1 slapped her, the accused No.2 assaulted her with a stick causing injuries to her back, legs, and forehead, and the accused verbally abused her. When she attempted to escape, the accused No.4 caught hold of her clothes. The accused No.1 allegedly tore her nightie and scratched her chest, while accused Nos.5 and 6 continued to abuse her. The accused No.7 allegedly pressed her breasts, thereby outraging her modesty, and threatened to kill her helper, Robin, by brandishing a chopper. The accused No.8 also verbally abused the complainant and thereby the applicants committed the aforesaid offences.

4. I have heard Sri. Joseph Sebastian Purayidam, 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. The parties are close relatives. I went through the FIS. There is no serious allegation to attract the offence under Section 74 of the BNS , which is one of the non-bailable offence alleged. So far as the offence under Section 118 (1) of the is concerned, there is nothing on record to suggest that the weapon allegedly used is a dangerous weapon. No serious injury has also been sustained by the defacto complainant. That apart, there is a counter case registered against the defacto complainant and her worker at the instance of the accused No.2 as evident from Annexure -C. Considering the allegations made against the applicants, their custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicants.

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

(i) The applicants 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.