Accused entitled to bail when continued custody is not necessary despite criminal antecedents.

ORDER

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.150/2026 of Cherpu Police Station, Thrissur District. The applicants in B.A.No.1052 of 2026 are accused Nos.1, 9, 10, 12,13, 15 and 29 and the applicants in B.A.No.1054 of 2026 are the accused Nos.6 to 8. The offences alleged are punishable under Sections 310 (4), 310(5), 310(6), 111(1), 111(3) and 111(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act , 1959.

3. The prosecution case, in short, is as follows:

The police received secret information that accused Nos. 1 to 34 had gathered at Panamkulam for the criminal conspiracy to commit highway dacoity and the police thereafter proceeded to the resort where the accused had gathered on 10.2.2026 at 7:15 p.m., and conducted search of the said building and premises, recovered dangerous weapons such as iron rods, iron sword, wooden sticks, pepper powder, chilly powder and recovered 18 vehicles and 33 mobile phones belonging to the applicants and thereby committed the offences.

4. I have heard the learned counsel for the applicants and 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 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 Senior 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 10.02.2026. According to the applicants, they were conducting a birthday party. It is true that the applicants have criminal antecedents. The investigation is almost over and the recovery has been effected. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

In the result, these bail 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 fully co-operate with the investigation.

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

(v) 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.

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

(vii) 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.

Sd/-