The Court emphasizes the necessity for custodial interrogation due to the serious nature of allegations in pre-arrest bail applications.

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.3057/2025 of Kollam East Police Station, Kollam District. The offences alleged are punishable under Section s 3 51(2),296(b), 189(2), 191(2) and 190 of Bharatiya Nyaya Sanhita, 2023, Section s 3 and 4 of Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012 (Amendment 2023) and Section 3 (1) of the Prevention of Damage to Public Property Act, 1984 .

3. The prosecution case, in short, is that on 30.11.2025 at 07.40 p.m., while the de-facto complainant was on duty as the CMO at the Kollam District Hospital casualty, the accused Nos.1 to 8, stating that the injured that was brought to the hospital casualty by them did not receive treatment at the right time, caused obstruction to the functioning of the hospital and also destroyed the front glass of the procedure room. The shattered glass pieces caused injury to the security officer and nurse who were on duty at the place. Furthermore, the accused verbally assaulted the de-facto complainant and threatened to hit him. The accused also took the injured away without the permission of the de-facto complainant. By doing so, the accused caused a material loss to the tune of Rs. 5,000/- to the hospital and thus committed the above offences.

4. I have heard Sri.K.V.Anil Kumar, the learned counsel for the applicant and Smt.Sreeja V., 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. In the incident, staffs of the hospital sustained injuries. Damages have been caused to the hospital also.

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/-