Pre-arrest bail is warranted when allegations do not necessitate custodial interrogation and the accused poses no flight risk.

ORDER

1. This is an Application for pre-arrest bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023. The Applicant is the sole accused in Crime No. 886 of 2025 of Thiruvalla Police Station, Pathanamthitta registered under Sections 329 (3), 118(1), 115(2), 74, 75(1)(iii) of the Bharatiya Nyaya Sanhita (BNS), 2023, which includes non-bailable offences. The Applicant apprehends that he will be arrested and detained in custody in connection with the said crime, causing harassment to him.

2. The gist of the allegations are that the de facto complainant, who is the neighbour of the accused, obtained an order of injunction against cutting of trees belonging to her and due to this animosity, the accused, with intention to cause bodily injury and outrage the de facto complainant, trespassed into her house, cut down banana plants, pelted stones towards her, caught hold on her hair and tore the front side of her nighty and hit on her chest. It also alleged that the accused removed his kaili and showed such portion of his body which was not covered by underwear, thereby committing the offence.

3. I heard the learned counsel for the Applicant, Sri. P. Haridas and the learned Public Prosecutor, Sri. C.S. Hrithwik.

4. The contention of the learned counsel for the Applicant is that the crime was caused to be registered on account of the civil dispute between parties who are relatives and neighbours. The Applicant is aged 61 years with no criminal antecedents. Custodial interrogation is not required in this matter. The counsel further submitted that the Applicant is ready to abide by any condition if this Court grants him bail.

5. The Application is opposed by the learned Public Prosecutor.

6. After hearing both sides, I find that there is a civil dispute between the parties, and the incident happened on account of the civil dispute between the parties with respect to the cutting of trees of the de facto complainant. The parties are relatives and neighbours. The Applicant is aged 61 years. He has no criminal antecedents. The injuries sustained by the de facto complainant are not serious in nature. No recovery is to be effected, and custodial interrogation is not required. There is no need to permit the detention of the Applicant. I do not find any chance of the Applicant fleeing from justice. There is no reason to deny pre-arrest bail to the Applicant when the nature and gravity of the allegations are considered.

7. In view of the aforesaid findings, I allow this Bail Application, granting pre-arrest bail to the Applicant with the following directions.

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

2. The Investigating Officer shall release the Applicant on bail in the event of his arrest on his 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 Applicant shall co-operate with the investigation and make himself available before the Investigating Officer as and when required.

4. The Applicant 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 Applicant, 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.