Granting bail requires assessing the necessity of custodial interrogation and the nature of evidence.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ), seeking pre-

arrest bail.

2. The applicant is the accused in Crime No.112/2026 of Perinthalmanna Police Station, Malappuram District. The offences alleged are punishable under Sections 109 (1) and

118(1) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that at about 7:20 a.m. on 23.01.2026, the applicant due to his prior animosity to the defacto complainant in connection with a family property dispute, with the intention to kill him, on the way to the field near the house of the defacto complainant at Kappuparamba in Thazhekode amsom, beat the defacto complainant on his head with a black iron torch, causing serious injuries to the head of the defacto complainant and thereby committed the offences.

4. I have heard Sri.Latheef Puthukkattil, the learned counsel for the applicant and Smt. Sreeja V., the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The applicant and the victim are brothers. There is a long standing dispute between them. Annexure-A3 would show that a criminal case is pending against the defacto complainant and his wife on the allegation that, they assaulted the applicant and his son. The wound certificate does not show any serious injury. There is only swelling on the scalp. The investigation is almost over. The recovery has been effected. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

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

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) 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 shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

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

(v) The applicant 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 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

SKP