Regular bail granted to a senior citizen accused in a criminal case considering the completion of investigation, recovery of weapon, lack of criminal antecedents, and advanced age as mitigating factors.

O R D E R

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 sole accused in Crime No.250/2026 of Malampuzha Police Station, Palakkad District. The offences alleged are punishable under Sections 296(b), 118(1) and 109 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the applicant verbally abused the de facto complainant and his family. The de facto complainant questioned the act of the applicant. Due to that enmity, the applicant with the intention to kill the de facto complainant, on 17.04.2026 at 09.00 p.m, while the de facto complainant was standing on the road margin in front of the house of the applicant situated at Kunnamkadu, approached the de facto complainant by stating that 'I will kill you' and voluntarily caused hurt on the left side of the stomach of the de facto complainant by stabbing with a knife. The de facto complainant sustained grievous injury to his colon and kidney. The accused thus committed the aforesaid offences.

4. I have heard Sri. Nireesh Mathew, 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. The applicant is a senior citizen aged 71 years. The recovery has been effected. The applicant has no criminal antecedents. 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.