Pre-arrest bail is denied when allegations are serious and custodial interrogation is necessary.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-

arrest bail.

2. The applicant is the sole accused in Crime No.1474/2025 of Punalur Police Station, Kollam District. The offences alleged are punishable under Section s 74 and 75(1)(i) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 8 read with Section 7 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘PoCSO Act’).

3. The prosecution case, in short, is that on 08.10.2025 at

05.45 p.m, the victim reached the bakery of the applicant to purchase biscuits and Lays. When the victim was about to leave the shop, the applicant came out from the counter of the shop and tapped on her left breast with a packet. The victim moved away under the impression that the act of the applicant was accidental. At that time, the applicant pressed on her breast and thereby committed sexual assault against the victim.

4. I have heard Sri.V.M. Krishnakumar, the learned counsel for the applicant and Sri.M.C. Ashi, 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 bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicant's intentional criminal acts, 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 under Section 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. The allegation is serious in nature. The applicant is 75 years old and the victim is only 17 years old.

7. 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, I am of the view that this is not a fit case where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked.

The bail application is, accordingly, dismissed.

Sd/-