Regular bail may be granted even in serious offenses if the investigation is substantially complete, recovery is effected, and the accused has no prior criminal history.

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 sole accused in Crime No.205/2026 of Kadinamkulam Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 351(3), 115(2) and 118(1) of the Bharatiya Nyaya Sanhita, 2023, read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

3. The prosecution case, in short, is that the applicant who is the husband of the defacto complainant, due to personal grudge against the defacto complainant, for having filed a case against him on 13.04.2026, assaulted her and her daughter on 19.04.2026 at about 9.00 a.m., armed with an iron rod. Later that day, at approximately 1.30 p.m., the applicant, armed with a knife, again assaulted the defacto complainant and her daughter (a child born in the wedlock between the defacto complainant and the applicant), the defacto complainant‘s sister and her sister’s daughters by hitting and kicking them and thereby committed the offences.

4. I have heard Sri.V.S.Salim, the learned counsel for the applicant and Sri. K.A. Noushad, 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

25.04.2026. The investigation is almost over. 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 enter into the house where the de facto complainant and the children resides and also shall not enter into the jurisdictional limits of the Police Station where the de facto complainant and the children resides until the conclusion of the trial.

(vi) 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. (vii) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(viii) 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/-