Pre-arrest bail granted to accused no.2 on parity with co-accused, subject to surrender for interrogation and strict conditions.

O R D E R

This petition is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking pre-arrest bail.

2. The petitioner is the 2^nd accused in Crime No.126/2026 of Varantharappilly Police Station, Thrissur District, against whom the crime was registered for the commission of the offences punishable under Sections 285 , 126(2), 115(2), 118(1), 296(b), 351(2), 324(4) and 324(5) read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The prosecution case is that on 19.03.2026, between 10:15 p.m. and 10:30 p.m., the petitioner, along with the 1staccused, mounted physical assault upon the de facto complainant after waylaying the car in which the de facto complainant was travelling. It is alleged that the de facto complainant was assaulted with a hockey stick, resulting in injuries to him. The de facto complainant is also said to have lost a gold bracelet in the aforesaid scuffle.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor represented by the State of Kerala.

5. The learned Sessions Judge granted pre-arrest bail to the 1^st accused as per the order dated 10.04.2026 in B.A. No.737/2026. The learned counsel for the petitioner would contend that the petitioner is totally innocent, and that he has been falsely implicated in this case. It is further submitted that the custodial interrogation of the petitioner is not required for the completion of the investigation.

6. Per contra, the bail application is opposed by the learned Public Prosecutor. It is submitted that the release of the petitioner on pre-arrest bail would adversely affect the investigation.

7. Having regard to the fact that the 1^st accused, who had perpetrated the pivotal role in the commission of the crime, has been granted pre-arrest bail by the Sessions Court, I am of the view that the refusal of the same relief to the petitioner herein may not be in the interest of justice. The apprehension of the prosecution about the interference of the petitioner with the investigation could be allayed by imposing appropriate conditions. So also, the purpose of custodial interrogation of the petitioner could be fulfilled by directing the surrender of the petitioner before the investigating officer and co-operating with the interrogation. Therefore, I am of the view that the petitioner is entitled for pre-arrest bail, subject to strict conditions.

In the result, the petition stands allowed as follows:

(i) The petitioner shall surrender before the investigating officer on any day within a period of two weeks from today, in between 8 a.m. and 10 a.m.

(ii) Upon such surrender, the investigating officer will be free to proceed with the custodial interrogation of the petitioner till 6 p.m. of the same day.

(iii) After the completion of such custodial interrogation, the petitioner shall be released on bail on the same day of his surrender on his executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like amount.

(iv) The petitioner shall appear before the investigating officer and co-operate with the investigation in the subsequent days as well, if so required.

(v) The petitioner shall not get involved in any crime during the period of bail.

(vi) The petitioner shall not try to influence or intimidate the witnesses or to tamper evidence.

(vii) In the event of violation of any of the aforesaid bail conditions, the jurisdictional Court would be empowered to cancel the bail without seeking any further orders from this Court.