THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

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

2. The applicant is the accused No.2 in Crime No.258/2026 of Edavanna Police Station, Malappuram District. The offences alleged are punishable under Sections 329(3), 115(2), 110, 118(1) and 118(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 20.06.2026 at about 10.30 p.m., on account of a long-standing property dispute between the applicant and the de facto complainant, the applicant along with accused Nos.1 and 3 to 5 trespassed into the rented house of the de facto complainant armed with crowbars and hockey sticks. It is alleged that the accused No.1 kicked the de facto complainant and attempted to strike her on the head with a crowbar and, when she intercepted the blow with her right hand, sustained a fracture of her right hand. It is further alleged that the applicant and the accused Nos.3 to 5, assaulted the de facto complainant with crowbars and hockey sticks causing injuries on different parts of her body and that the minor daughter of the de facto complainant also sustained injuries during the incident and thereby committed the offences.

4. I have heard Sri. Anwin John Antony, the learned counsel for the applicant, Sri. M.P. Prasanth, the learned counsel for the additional respondent No.3 and Smt. Aneeda Beegum, 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 above crime. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, and if he is released on bail at this stage, it will affect the course of the investigation.

6. The applicant is the brother of the de facto complainant. The records would show that there is long-standing dispute between the applicant, the victim and the remaining brothers. Annexure A3 would show that on the very same night, another case has been registered against the de facto complainant at the instance of the wife of the applicant. The wound certificate does not show that any fracture has been sustained as alleged.

The injury sustained also is not serious in nature. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

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

(i) The applicant shall be released on bail in the event of his arrest 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 arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(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 enter into the jurisdictional limits of the police station where the victim resides until further orders.

(vi