Anticipatory bail is an extraordinary remedy reserved for exceptional circumstances, requiring clear evidence of innocence and no risk of hampering investigations.

O R D E R

The application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023, for an order of pre-arrest bail.

2. The petitioner is the first accused in Crime No.978/2024 of the Palluruthy Police Station, Ernakulam, which is registered against two accused persons for allegedly committing the offences punishable under Sections 115 (2) and 110 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short,‘the BNS).

3. The gist of the prosecution case is that: on 18.08.2024, at around 22:30 hours, the accused 1 and 2, in furtherance of their common intention, had wrongfully restrained the defacto complainant, and the second accused fisted him, and the first accused stabbed him on his rear side of his head with a sharp edged weapon, and he suffered injuries. Again, the first accused attempted to stab the defacto complainant, but he warded off the attack. Yet he suffered an injury on his left knee. Thus, the accused have committed the above offences.

4. Heard; Sri. Ashik K. Mohamed Ali, learned counsel for the petitioner and Sri. C.S. Hrithwik., the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. There is no material to substantiate the petitioner’s culpability in the crime. The petitioner has reliably learnt that the defacto complainant did not suffer any injury and was only given first aid at the hospital. By no stretch of imagination can the offence under Section 110 of the BNS be attracted to the facts of the case. The Investigating Officer has deliberately incorporated the said offence to see that the petitioner is arrested and incarcerated. The petitioner is a law-abiding citizen without any criminal antecedents. The petitioner is willing to cooperate with the investigation. Hence, the application may be allowed.

6. The learned Public Prosecutor seriously opposed the application. He submitted that the investigation in the case is in progress. He also stated that there is a specific overt act attributed against the petitioner, who stabbed the defacto complainant on the rear side of his head with a sharp edged weapon, and he suffered a head injury. He handed over the accident register cum wound certificate of the defacto complainant dated 18.08.2024, issued by the Fathima Hospital, Perumbavoor, Cochin, to substantiate that the defacto complainant had suffered a wound over his occipital area and had active bleeding. He also suffered a wound over the left forearm extending to the elbow. He stated that the petitioner’s custodial interrogation is necessary for the full fledged investigation of the crime. If the petitioner is granted an order of pre-arrest bail, it would hamper the investigation. The petitioner had filed a similar application before the Court of Session, Ernakulam, which was dismissed by Annexure A2 order. Hence, the application may be dismissed.

7. The prosecution case is that, the petitioner had wrongfully restrained the defacto complainant and stabbed him on the rear side of his head with a sharp edged weapon. He also attempted to attack him with a knife, but the defacto complainant warded off the attack. Nonetheless, the defacto complainant had suffered two injuries on his body. The said allegation, prima facie, stands corroborated by the treatment record referred to above. Nonetheless, that is a matter to be investigated and ultimately decided after trial.

8. The petitioner had moved a similar application before the Court of Session, Ernakulam, which was dismissed on the finding that there are materials to substantiate the petitioner’s involvement in the crime.

9. In Srikant Upadhyay v. State of Bihar [2024 KHC OnLine 6137] the Honourable Supreme Court, after referring to all the earlier decisions on the point, has observed in the following lines:

“8. It is thus obvious from the catena of decisions dealing with bail that even while clarifying that arrest should be the last option and i