The court ruled that absence of serious allegations and completion of investigations justifies granting bail under stipulated conditions.

ORDER

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.4 in Crime No.55/2026 of Nooranadu Police Station, Alappuzha District. The offences alleged are punishable under Sections 189 (2), 191(2), 191(3), 296(b), 115(2), 118(1), 118(2) and 109(1) r/w Section 190 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the accused persons have animosity towards the elder brother of the defacto complainant by name Ajesh, So, on 20.01.2026 at about 9:00 pm, they formed themselves into an unlawful assembly and in prosecution of the common object of the said assembly, at a place near Mangarath Colony Junction in ward No.XVI of Thamarakkulam Grama Panchayat, Chathiyara Village, assaulted the defacto complainant and his friend. Accused No.1 abused the defacto complainant in a derogative manner and struck on the middle of his head using a shock-absorber and thereby caused grievous injuries on the scalp. Accused No.2 hit him with a sharp edged object on his back and accused No.3 incessantly fisted on his face and head. When the defacto complainant tried to obstruct the accused from the attack against his friend, accused No.1 beat on his back using the shock-absorber, causing rib fracture. Thereafter, the applicant along with accused Nos.5 to 8, continued to assault the defacto complainant and his friend, fisted and stamped him with an intention of committing murder. Thus, the applicant committed the above offences.

4. I have heard Sri.Aeble Benny, the learned counsel for the applicant and Sri.M.C.Ashi, 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 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 30.01.2026. The investigation is almost over. The recovery has been effected. No serious overt act has been alleged against the applicant. He has not used any weapon. 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/-

DR. KAUSER EDAPPAGATH JUDGE mea APPENDIX OF