Pre-arrest bail may be denied when evidence suggests a serious crime and potential interference with the investigation.

ORDER

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 accused in Crime No.114/2025 of Mananthavady Excise Range Office, Wayanad District. The offences alleged are punishable under Sections 58 , and 10 read with 63 of the Kerala Abkari Act .

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

09.10.2025 at 8.00 a.m., while the Excise Inspector was conducting vehicle checking, they intercepted a 'Maruthi Suzuki Wagon R' bearing registration No. KL-13/K-7353 which slowed down seeing the signal, then the driver accelerated and fled at high speed. Thereafter, the vehicle was found in an abandoned state with 78.5 litres of Indian Made Foreign Liquor intended to be sold in Union Territory of Puduchery.

4. I have heard Sri.T.P.Pradeep, 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 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 witnesses have identified the applicant. Moreover, a cheque book of the applicant was found in the car.

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 Senior 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/-