Pre-arrest bail under Section 482 cannot be granted as a matter of course and requires sound justification considering the severity of accusations.

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 applicants are the accused Nos.1 and 2 n Crime No.957/2025 of Chirayinkeezhu Police Station, Thiruvananthapuram. The offences alleged are punishable under Sections 126 (2), 118(1) and 118(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita.

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

31.08.2025 at about 11.00 pm, while the defacto complainant was allegedly proceeding to his residence on a motorcycle and when he reached near Chovvazhcha Palli (Arayathuruthi Church), the applicants wrongfully restrained him and assaulted him with sticks resulting in fracture to both his cheek bones. It is further alleged that when the defacto complainant fell down, the applicant No.1 beat him again on his back with a stick and thereafter stabbed him on his chin using a knife and when the defacto complainant resisted, his right thumb was injured with the knife and thereby committed the offences.

4. I have heard Sri. P. Anoop, the learned counsel for the applicants and Smt. M.K. Pushpalatha, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are 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 applicants, and if they are 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 applicants is very serious in nature and it prima facie shows a premeditated criminal act on their part. I went through the FIS. Specific overt act has been alleged against the applicants.

The defacto complainant sustained serious injuries.

The investigation is in a preliminary stage. The custodial interrogation of the applicants is necessary for the investigation.

As rightly argued by the learned Public Prosecutor, the possibility of the applicants influencing the witnesses and interfering with the investigation cannot be ruled out if they are 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.