The power to grant pre-arrest bail under Section 482 of BNSS requires a special case, which was not established due to the serious nature of the allegations.

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 sole accused in Crime No.742/2025 of Karimannoor Police Station, Idukki District. The offences alleged are punishable under Sections 115 (2), 118(2), 126 (2) and 296(b) of the Bharatiya Nyaya Sanhita , 2023. 3. The prosecution case, in short, is that due to prior animosity, the applicant assaulted the defacto complainant on 30.09.2025 at about 10 a.m. with his bare hand and when the defacto complainant blocked the assault of the applicant, the applicant assaulted the defacto complainant with a plastic chair lying in front of a tea shop, which caused fracture to the left hand of the defacto complainant and thereby committed the above offences.

4. I have heard Sri.Latheesh Sebastian, 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. The overt act has clearly been alleged in the FIS. In the incident, the victim has sustained fracture.

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/-