Right to bail recognized when no significant evidence warrants further detention.

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.1 to 3 and 6 in Crime No.282/2026 of Kunnamkulam Police Station, Thrissur District. The offences alleged are punishable under Sections 189 (2), 191(2), 191(3), 333, 296(b), 126(2), 115(2), 118(1)

and 109 r/w 190 of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that the accused persons, due to enmity towards the defacto complainant due to misunderstanding that flex kept near Payyoor road was destroyed by her grand children, formed an unlawful assembly knowing that they are the members of the said assembly, in furtherance of their common object to murder the defacto complainant, on 24.02.2026 at 6.30 p.m. trespassed into her house possessing dangerous weapons such as iron rod etc., and uttered obscene words at the defacto complainant and pelted stones at their windows. When the grandson of the defacto complainant namely, Vishnudath came out, the accused No.1 wrongfully restrained and beat at his eyes with the iron rod, the accused No.2 Neeraj kicked and pushed Viswajith. When the defacto complainant tried to prevent the atrocious acts of the accused persons, the accused Nos.1 and 2 wrongfully restrained, beat at her head with an iron pipe and she sustained grievous injuries at her head and thereby committed the offences.

4. I have heard Sri.Rajit, the learned counsel for the applicants and Smt. Sreeja V., 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

25.02.2026. The investigation is almost over. The recovery has been effected. The remaining accused are already on bail. 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 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