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

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.

The applicant is the accused No.1 in Crime No.881/2025 of Punnapra Police Station, Alappuzha District. The offences alleged are punishable under Sections 126(2), 296(b), 115(2), 118(1), 351(3) and 110 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that the accused persons were under the impression that the defacto complainant kicked the chest of the friend of the accused No.2 and there was an altercation between them in connection with this. Due to this enmity, the accused persons hatched a criminal conspiracy to cause the death of the defacto complainant and as part of that conspiracy, on 13.09.2025 at about 9:30 p.m., when the defacto complainant was walking through Pazhaya Nadakavu road and reached near the ration shop owned by one Mr.Santhosh, the accused persons, who were waiting there with deadly weapons, caught hold of his collar and restrained him wrongfully. The accused No.2 also caught hold of his collar, abused him and intimidated him, stating that he will be finished off. The applicant bet on the backside of the defacto complainant using the blunt portion of the sword possessed by him. The defacto complainant evaded the said blow, and at that time, the applicant waved the sword against his neck and the defacto complainant warded it off using his hand and thereby he sustained injuries on his hand. The accused Nos.2 and 3 pushed him down and intimidated him showing the sword and kicked him in the stomach. The applicant thereby committed the aforesaid offences.

I have heard Sri.Suresh Joseph, the learned counsel for the applicant and Sri.Thomas Sabu Vadakekut, the learned Public Prosecutor. Perused the case diary.

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 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.

The applicant was arrested on 16.09.2025 and since then he is in judicial custody. The investigation is over and the final report has already been filed. Even though the applicant has strong criminal antecedents, considering the period of detention already undergone by him and also considering the fact that the final report has been filed, I am of the view that the further detention of the applicant is not necessary. 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 not commit any offence of a like nature while on bail.

(iii) 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.

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

(v) 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.