The court may grant bail when the investigation is substantially advanced and there exist mitigating circumstances, such as the registration of a counter-case suggesting mutual conflict, provided conditions are imposed to ensure the applicant's presence and the integrity of the pending investigation.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking regular bail.

2. The applicant is the accused No.1 in Crime No.255/2026 of Mankara Police Station, Palakkad District. The offences alleged are punishable under Sections 189(2), 191(2), 191(3), 126(2), 115(2), 118(1) and 109(1) read with 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS).

3. The prosecution case, in short, is that on 18.04.2026 at about 22:15 hours, the applicant called the de facto complainant and his friends to Mattam-Puthukulam Road. Thereafter, accused Nos.1 to 15, in prosecution of their common object, formed themselves into an unlawful assembly, armed with deadly weapons such as swords, knives, and iron rods. After that, the applicant wrongfully restrained the de facto complainant and his friends. While so, the accused No.1, with the intention to kill the de facto complainant, uttered that he would kill him, attacked him with a sword, thereby causing injuries by inflicting cut injuries on the left side of his head, left armpit and left hand. In the meantime, the accused No.2 voluntarily caused hurt to the de facto complainant by beating his left ankle with an iron rod. Apart from that, the applicant also voluntarily caused hurt to his friends and brother by beating them and thereby committed the offences.

4. I have heard Sri.Sanoj M.A., the learned counsel for the applicant and Sri. M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is 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 applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on

19.04.2026. The investigation is almost over. Moreover, there is a counter case as evident from Annexure 5. Annexure 4 would show that the applicant has also sustained injury in the incident. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail 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 jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant 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 shall not commit any offence of a like nature while on bail.

(v) The applicant 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 applicant 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.