Custodial interrogation deemed necessary when allegations indicate grievous offenses committed by the accused.

ORDER

This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the first accused in Crime No.412 of 2025 of Poochakkal Police Station, Alappuzha, registered for the offences punishable under Sections 329(3), 115(2), 118(1), 118(2), 296(b) and

3(5) of the Bharathiya Nyaya Sanhita, 2023 .

3. According to the prosecution, on 13.06.2025 at 6.00 pm, the third petitioner abused the defacto complainant and on 16.06.2025 criminally trespassed into the shop room after abusing him caused bodily hurt to the defacto complainant with a wooden reaper and thereby committed the offences alleged.

4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner has been falsely arrayed as an accused and has no involvement in the alleged crime.

6. The learned Public Prosecutor opposed the bail application and submitted that custodial interrogation is essential.

7. Petitioner along with other accused is alleged to have assaulted the defacto complainant. While the allegations indicate assault by other accused, there is specific reference to the petitioner assaulting the defacto complainant with a wooden reaper leading to loss of one teeth and loosening of three others. Since grievous injuries have been caused on account of the overt act committed by the petitioner, I am of the view that petitioner cannot be protected with an order of pre-arrerst bail.

Accordingly, this bail application is dismissed.