Applicants are entitled to bail due to insufficient evidence requiring their continued detention.

ORDER

[B.A.Nos.1088/2026, 1123/2026 and 1219/2026]

These applications are 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 3 in Crime No.237/2026 of Adoor Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 189 (1)(c), 189(4), 190, 191(3), 296(b), 110, 115(2) and 118(1) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that the accused persons had animosity with Jiju, a friend of the defacto complainant with regard to property dispute. The accused persons 1 to 6 formed themselves into an unlawful assembly on 11.02.2026 at 10.30 am and reached Pallimukku near Marthoma church in a car and wrongfully restrained the defacto complainant and others, uttered obscene words and the accused No.1 attempted to hit the neck of the defacto complainant using chopper which he evaded and hit on the left eyebrow and caused deep injury. When the brother of the defacto complainant interfered, the accused No.2 uttered obscene words and kicked him down. Thereafter another accused person hit the friend of the defacto complainant Sarath on his head using an iron rod. Another two accused hit and kicked the defacto complainant using their hand and iron rod and others hit the defacto complainant and others using iron rod. The act of the accused persons would have resulted in the death of the defacto complainant, had he not evaded the said attack. Thus the applicants committed the above offences.

4. I have heard Sri.Dileep P.V., the learned counsel for the applicants and Sri.K.A. Noushad and Sri.M.C. Ashi, the learned Senior Public Prosecutors. 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 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 13.02.2026. The investigation is almost over. The recovery has been effected. The main allegation is against accused No. 1. It is true that all the applicants have criminal antecedents. However, considering the stage of the investigation, the period of detention already undergone by them, and the nature of the injuries sustained by the de facto complainant, 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 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 withou