Pre-arrest bail under BNSS can only be granted upon special circumstances being established. The gravity of allegations and the stage of investigation are crucial.

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.967/2025 of Alathur Police Station, Palakkad District. The offences alleged are punishable under Section s 126 (2), 115(2) and 118(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’).

3. The prosecution case, in short, is that on 22.08.2025 at

22.30 hours, near Thekkumuri Bus Stop, due to animosity from an argument between the father of the applicant and the defacto complainant during the last Kadampady vow festival, the applicant wrongfully restrained the defacto complainant who was coming on a bike and hit him on the face with an iron punch, thereby causing a fracture to the nasal bone and serious injury. When the friend of the defacto complainant tried to defend him, the applicant kicked him in the stomach, causing injury. Thus, the applicant has committed the aforementioned offences.

4. I have heard Sri.V.A.Johnson (Varikkappallil), 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 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. Specific overt act has been alleged against the applicant. The defacto complainant sustained nasal bone fracture in the incident.

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/-