Insufficient evidence for continued detention justifies bail under stipulated conditions.

O R D E R

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

2. The applicant is the accused No.1 in Crime No.15/2026 of Kilimanoor Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 281 , 125(a), 125(b), 105, 238 and 249 read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023, Sections 134 (A) and 134(B) of the Motor Vehicles Act , 1988 and (1)(2) of the Prevention of Damage to Public Property Act , 1984.

3. The prosecution case, in short, is that on

04.01.2026 at about 3 p.m., the applicant drove Mahindra Thar Jeep bearing Registration No. KL-01/CR-4224 along the Kilimanoor - Nilamel public road in a rash and negligent manner, endangering human life, and when the vehicle reached near the petrol pump at Pappala, it caused to hit a motorcycle bearing Registration No. KL-16/Y-6279 proceeding in front of the jeep, which was ridden by one Rajith along with his wife Ambika on the pillion. As a result of the impact, Rajith and Ambika were thrown to the road and they sustained injuries. At that time, the applicant, in order to escape from the scene, moved his vehicle backward and it run over the body of Ambika, resulting in grievous injuries to her and thereafter, she succumbed to the injuries while undergoing treatment in the Medical College Hospital, Thiruvananthapuram at 6.40 a.m on 07.01.2026 and her husband Rajith died on 19.01.2026 and thereby the applicant committed the offences.

4. I have heard Sri.Suman Chakravarthy, the learned counsel for the applicant and Sri.K.A.Noushad, 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 present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime;

hence, he is 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 applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

24.01.2026. The investigation is almost over. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(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 the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-