Pre-arrest bail may be granted when allegations do not warrant detention and the accused have no criminal antecedents.

ORDER

1. This is an Application for pre-arrest bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023. The Applicants are the accused Nos.1 and 2 in Crime No. 435 of 2025 of Thodupuzha Police Station, Idukki registered under Sections 351 (2), 324(2), 329(4) and 3(5) of the Bharatiya Nyaya Sanhita , 2023, which includes non-bailable offences and under Section 5 of the Prevention of Damage to Public Property Act , 1984. They are husband and wife. The applicants apprehend that they will be arrested and detained in custody in connection with the said crime, causing harassment to them.

2. The allegations against the accused are that on 07.02.2025, at about 03.30 p.m., the accused shouted at the staff of the Al-Azhar Law College as they gave only a satisfactory Conduct Certificate to the Applicants’ son, threatened the principal of the college, damaged the glass door of the principal’s room, thereby causing a loss of about Rs.5,000/-, and are thus alleged to have committed the above offences.

3. I heard the learned counsel for the Applicants, Sri. V.A. Vinod, and the learned Public Prosecutor, Sri. C.S. Hrithwik.

4. The contentions of the learned counsel for the Applicants are that the Applicants have not committed any offence as alleged by the de facto complainant; that there is delay in registering the F.I.R; that the Applicants have no criminal antecedents and that they are ready to abide by any condition if this Court grants them bail.

5. It appears from the records that the altercation and the incident arose on account of the issuance of a Conduct Certificate for the son of the Applicants. The alleged offences were committed without any pre- medication, and the Applicants do not have any criminal antecedents. No custodial interrogation is required. There is no need to permit the detention of the Applicants. I do not find any chance of the Applicants fleeing from justice if adequate safeguards are made for preventing the same. There is no reason to deny pre-arrest bail to the Applicants when the nature and gravity of the allegations are considered.

6. In view of the aforesaid findings, I allow this Bail Application with the following directions.

1. The Applicants shall appear before the Investigating Officer within two weeks from today for interrogation.

2. The Investigating Officer shall release the Applicants on bail in the event of their arrest on their execution of a bond for Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

3. The Applicants shall co-operate with the investigation and make themselves available before the Investigating Officer as and when required.

4. The Applicants shall not try to contact the witnesses nor make any promise, influence, inducement, or threat to any person acquainted with the facts of the case so as to dissuade them from disclosing the facts to the Police.

5. If any of the above conditions are violated by the Applicants, the jurisdictional Court is free to cancel the bail granted by this Order. It is open to the Prosecution/De facto complainant to approach the jurisdictional Court in this regard.