Bail granted where insufficient evidence exists for continued detention of accused.

ORDER

These applications are filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS )

seeking regular bail.

2. The applicant in B.A. No.1039/2026 is the accused No.2 and the applicant in B.A. No.1059/2026 is the accused No.1 in Crime No.1400/2025 of Karamana Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 101 . 103(1), 109, 118(1), and 238 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, owing to prior animosity harboured by the accused towards the de facto complainant and his friends, stemming from questioning of quarrel between the accused No.2 and his wife, on 26.10.2025 at about 8.40 p.m. on the back side courtyard of house bearing No.T.C.52/3945 near Karumam UP School, Nemom Village, accused Nos.1 and 2 attacked one Prakash. When Shijo, the friend of the de facto complainant tried to intervene, the accused No.1 stabbed on his chest and flank using a knife causing grievous injuries, resulting in the death of said Shijo.

When Jojo, another friend of the de facto complainant tried to intervene, the accused No.1 stabbed on his chest and stomach using the same knife causing grievous injuries, attempted to commit murder and thereby committed the offences.

4. I have heard Sri.S.Rajeev, the learned counsel for the applicants and Sri.C.K.Suresh, the learned Special 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 Special 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

27.10.2025. Since then they are in judicial custody. The investigation is almost over and the final report has already been filed. Even going by the prosecution case, the incident took place at the house of the applicants, that too, at the odd hours. CW9 is the wife of accused No.2. There is long standing dispute between them. CW9 was earlier residing along with the applicants at the house where the incident took place. Later on, owing to a family dispute, CW9 shifted to her house. On earlier occasions also, CW9 and the friends of her brother who are CW4, CW6 and CW10 went to the house of the applicants and there were some altercations. On the date of the incident also, the friends of the brother of CW9 along with the deceased went to the house of the applicants and in the altercation, the accused No.1 stabbed the deceased, who succumbed to the injuries later. The applicants have no criminal antecedents. For these reasons, 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, the 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