Independence from previous bail does not justify rejection of bail based solely on allegations of continued criminality without solid supporting evidence.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ) seeking regular bail.

2. The applicants are the accused Nos.1 to 4 in Crime No.1899/2025 of Tirur Police Station, Malappuram District. The offence alleged is punishable under Section 232 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 15.12.2025 at about 5.00 p.m, while the defacto complainant was sitting in the courtyard of her house at Kanjirakuti along with her mother in law and children, the applicants herein who were released on bail in a case in which the brother of the defacto complainant was stabbed to death, and in furtherance of their common intention to commit the offence, travelled in an autorikshaw and bicycle to and fro through the road in front of the house of the defacto complainant, threatened to kill them through hand gestures and thereby committed the offence.

4. I have heard Sri.Rahul Sasi, 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 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 22.12.2025. According to the prosecution, the above crime was committed by the applicants while they were on bail in Crime No.1279/2025 of the Tirur Police Station, Malappuram. Based on the above crime, the SHO, Tirur Police Station filed an application for cancellation of bail granted in Crime No.1279/2025 as C.M.P. No.1/2026 before the Judicial First Class Magistrate Court-I, Tirur. The learned Magistrate, as per Annexure A4, dismissed the said petition holding that the materials placed before the Court do not reveal that the applicants have misused the freedom granted to them or have disobeyed the conditions imposed. In the circumstances, I am of the view that further detention of the applicants is not necessary. Hence, the applicants are entitled to be released on bail.

In the result, the application is 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 enter the limits of Tirur Police Station.

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

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

(viii) 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.