The court allows bail to one accused while denying it to another based on the severity and specificity of allegations.

ORDER

These applications are filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ), seeking pre-arrest bail.

2. The applicant in B.A. No.13445/2025 is the accused No.1 and the applicant in B.A. No.14449/2025 is the accused No.2 in Crime No.1141/2025 of Alappuzha North Police Station, Alappuzha District. The offences alleged are punishable under Sections 108 and 85 of the Bharatiya Nyaya Sanhita , 2023 (for short, ‘ BNS ’).

3. The accused No.1 is the husband of the deceased.

Accused Nos.2 and 3 are father and mother of the accused No.1 respectively. The prosecution case, in short, is that the deceased was subjected to cruelty both physically and mentally by the applicants herein. On account of the said cruelty, she committed suicide by hanging at the house of the applicants on

17.09.2025 and thereby committed the offences.

4. I have heard Sri.Krishnanunni G.B., the learned counsel for the applicants, Smt.Ameena R.,the learned counsel for the defacto complainant, Sri.K.A.Noushad and Smt. Sreeja V., 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 above crime. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. The learned Senior Public Prosecutors, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and if they are released on bail at this stage, it will affect the course of the investigation.

6. I went through the FIS as well as the statements of the witnesses who are neighbours and friends of the deceased. Those statements would show that the accused No.1 with the help of the accused Nos.2 and 3 subjected the deceased to various sorts of harassment and cruelty, both physically and mentally by demanding more dowry. There are specific allegations against accused No.1/applicant in B.A. No.13445/2025. Even though there are allegations against accused No.2/applicant in B.A. No.14449/2025, who is the father of the accused No.1, the allegations are not specific. Considering the entire facts and circumstances of the case and also the age of the accused No.2/applicant in B.A. No.14449/2025, I am of the view that he can be granted pre- arrest bail. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the accused No.2/applicant in B.A. No.14449/2025. However, considering the seriousness of the allegations levelled against accused No.1/applicant in B.A. No.13445/2025, I hold that his custodial interrogation is necessary and he cannot be granted pre-arrest bail.

7. In the result, the B.A. No.14449/2025 is allowed on the following conditions:-

(i) The applicant/accused No.2 shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.

(ii) The applicant/ accused No.2 shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant/accused No.2 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/accused No.2 shall not commit any offence of a like nature while on bail.

(v) The applicant/accused No.2 shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try