Custodial interrogation requires substantial justification from the State; mere serious allegations do not warrant automatic detention.

ORDER

This is an application seeking pre-arrest bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023. 2. Petitioners are accused 1 and 2 in Crime No.572 of 2025 of Sreekandapuram Police Station, Kannur, registered alleging offences punishable under Section s 126 (2), 118(1) and 74 of the Bharatiya Nyaya Sanhita, 2023.

3. According to the prosecution, on 02.01.2025, accused 1 and 2 restrained the defacto complainant and assaulted her with a wooden stick and outraged her modesty by tearing her night dress and thereby committed the offences alleged.

4. Heard Sri. B. Muhammed Shaheel, the learned counsel for the petitioners and Sri. Noushad K. A, the learned Public Prosecutor.

5. Petitioners are alleged to have assaulted the defacto complainant after restraining her and outraged her modesty by tearing her dress.

6. Even though the allegations are serious in nature, considering the nature of injuries inflicted, I am of the view that custodial interrogation of the petitioners is not necessary.

7. In Ashok Kumar v. State of Union Territory Chandigarh [ 2024 SCC OnLine SC 274 ], it has been held that a mere assertion on the part of the State while opposing the plea for anticipatory bail that custodial interrogation is required would not be sufÏcient and that the State would have to show or indicate more than prima facie case as to why custodial interrogation of the accused is required for the purpose of investigation.

8. In the instant case, the State has not been able to convince this Court that custodial interrogation is necessary. On a consideration of the circumstances arising in the case, this Court is of the view that though the allegations are serious in nature, custodial interrogation of the petitioners is not required. Further, having regard to the nature of the offence and the severity of punishment, this Court is of the view that petitioners are entitled to be released on pre-arrest bail.

9. Accordingly, this application is allowed on the following conditions:

(a) Petitioners shall appear before the Investigating OfÏcer on 11.07.2025 and shall subject themselves to interrogation.

(b) If after interrogation, the Investigating OfÏcer proposes to arrest the petitioners, then, they shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum before the Investigating OfÏcer.

(c) Petitioners shall appear before the Investigating OfÏcer as and when required and shall also co-

operate with the investigation.

(d) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

(e) Petitioners shall not commit any similar offences while they are on bail.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.