THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

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

2. The applicant is the accused No.4 in Crime No.513/2026 of Nemom Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 296(b), 351(2), 115(2) and 74 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, BNS).

3. The prosecution case, in short, is that the accused Nos.1 to 4 had animosity towards the defacto complainant for informing the police about the accident that happened on 05.04.2026 at about 11.15 p.m. at a place near Pappanamcode White Damor, hitting the accused No.1's autorickshaw to the back of the defacto complainant's car. In connection with the above accident, there arose a verbal altercation between the accused persons and the defacto complainant. During the transaction, accused Nos.1 to 4 wrongfully restrained the de facto complainant, uttered obscene words against him and caused hurt to him by kicking and hitting. When the defacto complainant's wife and children obstructed the attack against him, the accused persons assaulted them as well and thereby committed the offences.

4. I have heard Sri.Joseph Mary Das, the learned counsel for the applicant 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. I went through the FIS. There is no allegation to attract the offence under Section 74 of the BNS, which is the only non-bailable offence alleged. The applicant has no criminal antecedents. 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 ofÏcer/investigating ofÏcer, 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 ofÏcer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating ofÏcer 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 bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.