Pre-arrest bail requires significant justification, particularly when serious allegations exist, necessitating custodial interrogation.

ORDER

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

2. The applicants are the accused Nos. 2 and 3 in Crime No.523/2025 of Pandikkad Police Station, Malappuram District. The offences alleged are punishable under Section s 126 (2), 137(2), 351(3), 115(2), 309(6) read with Section 3(5)

of the Bharatiya Nyaya Sanhita , 2023.

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

6.10.2025 at 5.45 pm at Pandikkad Amsom, Pandikkad, near the petrol pump situated at High School Padi, the applicants along with the remaining accused, in furtherance of their common intention, wrongfully restrained the defacto complainant, forcibly put him into a car bearing registration No.KL 71 J 2692 with the intent to abduct him and threatened him by showing a knife. It is further alleged that they snatched ₹5,000/- and a mobile phone belonging to him and compelled him to sign on certain stamp papers. It is also alleged that the applicant No.1 assaulted the complainant with his hands and thereby committed the offences.

4. I have heard Sri. Luke J Chirayil, the learned counsel for the applicants and Smt. Sreeja V., the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicants' intentional criminal acts, and if they are 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 applicants is very serious in nature, and it prima facie shows a premeditated criminal act on their part. Specific overt act has been alleged against the applicants.

The investigation is in a preliminary stage. The custodial interrogation of the applicants is necessary for the investigation. As rightly argued by the learned Senior Public Prosecutor, the possibility of the applicants influencing the witnesses and interfering with the investigation cannot be ruled out if they are 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.

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