The court determined that, while the accused have criminal antecedents, their continued detention is unnecessary due to the lack of serious overt acts against them.

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.3 and 6 in Crime No.160/2026 of Edathala Police Station, Ernakulam District. The offences alleged are punishable under Sections 110 , 115(2), 118(1) and 126(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on 10.02.2026 at 09.25 p.m., the defacto complainant saw the accused persons attacking a person at the parking area of VKJ Inn Bar, Chunangamvely and he interfered. Due to this enmity, all the accused persons in furtherance of their common intention attacked him. Two of them dragged him by his collar and bent him down. Others fisted on his back and face. One among them fisted him with an iron bangle and some of them pushed him down and stomped him. When the defacto complainant got up, two of them slapped on his face and one of them hit him on his head with beer bottle and thereby committed the offences. 4. I have heard Smt.Deepthy B., 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

18.02.2026. The investigation is almost over. The recovery has been effected. No serious overt act has been alleged against the applicants. It is true that the applicants have criminal antecedents. However, considering the overt act alleged against them and the period of detention they have already undergone, I am of the view that the continued 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 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 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

SKP