Pre-arrest bail is not granted lightly when serious charges and risk of influencing investigations exist.

ORDER

This application is filed u/s 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, 'the BNSS ')seeking pre-arrest bail.

2. The applicant is the sole accused in Crime No.1161/2025 of Balaramapuram Police Station, Thiruvananthapuram. The offences alleged are punishable under Sections 296 (b), 329(3), 115(2), 118(1) and 324 of Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on

12.10.2025 at about 9.45 pm, the applicant trespassed into the compound of the residence of the defacto complainant at Eruthavoor in Balaramapuram Village and destroyed the water tank by using a granite stone. When the defacto complainant questioned the same, the applicant kicked him on the right side of his hip and when the defacto complainant fell down, the applicant beat him. When the wife of the defacto complainant came there with water, the applicant took a kitchen knife, pushed her down and thereafter stabbed the defacto complainant on his left palm causing injuries. The applicant caused injuries to the left little finger of the defacto complainant and the left thumb of the wife of the defacto complainant and thereby committed the offences.

4. I have heard Sri. Nahas Habeeb, 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. The law regarding the grant or refusal of pre-arrest bail is well settled. Pre-arrest bail cannot be granted as a matter of course. The power u/s 482 of BNSS could be exercised only when a special case is made out, that too, recording reasons thereof. Perusal of the case diary reveals that the accusation made against the applicant is very serious in nature and it prima facie shows a premeditated criminal act on his part. I went through the FIS. Specific overt act has been alleged against the applicant. The defacto complainant sustained serious injuries.

The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Public Prosecutor, the possibility of the applicant influencing the witnesses and interfering with the investigation cannot be ruled out if he is released on bail. Considering the gravity of the offence and stage of the investigation, it is not a fit case where extra ordinary jurisdiction vested with this Court u/s 482 of BNSS could be invoked. The bail application is, accordingly, dismissed.