The necessity of pre-arrest bail under the circumstances surrounding the accused's admission and the need for interrogation.

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 accused No.3 in Crime No.708/2025 of Peruvanthanam Police Station, Idukki. The offences alleged are punishable under Sections 25 (1-B), 9(a) and

3 of the Arms Act .

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

16.10.2025 at about 1.20 a.m., accused persons were found travelling in a pickup vehicle bearing registration no.KL-38 K-4374 through the Kokkayar-Kootickal road. The accused persons were carrying a country-made firearm. During the act of passing the firearm from one person to another, the weapon accidentally slipped and fell to the ground and the same was taken into lawful custody for further investigation as per the seizure mahazar and thereby the accused committed the aforesaid offences.

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

The applicant has admitted that he was driving the vehicle in question. However, according to him, he gave a lift to the remaining accused who were carrying the alleged gun. In view of the said admission, the interrogation of the applicant is absolutely necessary to find out his complicity in the crime.

Hence, the bail application is disposed of as follows:

The applicant shall surrender before the investigating officer within one week from today. On such surrender, the investigating officer shall interrogate him. If the investigating officer forms an opinion that the applicant has to be arrested, after recording the arrest, he shall be produced before the jurisdictional Magistrate. The bail application, if any, filed by the applicant shall be disposed of by the learned Magistrate preferably on the same day itself. The applicant shall give a copy of the bail application in advance to the Prosecutor concerned.