The court established that pre-arrest bail can be granted when the accused demonstrates lack of intent and no prior criminal record, alongside sufficient cooperation with the investigation.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking pre-arrest bail.

2. The applicant is the sole accused in Crime No.1175/2025 of Kalamassery Police Station, Ernakulam. The offences alleged are punishable under Sections 281 and 105 of the Bharatiya Nyaya Sanhita , 2023 ( BNS ) and Sections 134 (a) and

134(b) of the Motor Vehicles Act .

3. The prosecution case, in short, is that on 16.09.2025 at about 9.45 p.m., the applicant drove a pick-up van in a rash and negligent manner and collided with the motorcycle ridden by deceased Justine with one Abhijith as the pillion rider. The collision allegedly caused serious injuries to both riders, leading to the death of Justine at the hospital. The applicant also fled from the scene without providing medical aid.

4. I have heard Sri.R.Maneesha, the learned counsel for the applicant and Smt.M.K. Pushpalatha, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

6. Initially, the crime was registered under Section s 281 and 106 of BNS . However, later on, Section 106 of was deleted and Section 105 of was incorporated. Going by the records, it appears that it is a simple case of accident. At present, there is nothing to suggest that there was an intention or knowledge on the part of the applicant that his act would result in the death of the deceased. The applicant also does not have any criminal antecedents. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-