Pre-arrest bail is not granted as a matter of course; serious allegations and investigation stage must be considered.

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.1135/2025 of Thalayolaparambu Police Station, Kottayam District. The offences alleged are punishable under Section 67 (b) of the Information Technology Act , 2000, Sections 12 read with 11(iv) and 14 read with 13 of the Protection of Children from Sexual Offences Act , 2012.

3. The prosecution case, in short, is that the applicant was in a relationship with the defacto complainant. In the year 2023, the applicant with intention to outrage the modesty of the victim who was a minor at that time, stalked her through his phone continuously, enticed her, compelled to record her nude video during April 2023 and sent it through Whatsapp to the applicant and the applicant circulated the video through social media and thereby committed the offences.

4. I have heard Sri. Akhil Vijay, the learned counsel for the applicant and Sri. K.A. Noushad, 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.

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.

8. The learned counsel for the applicant submitted that the applicant is prepared to surrender before the investigating officer. If the applicant surrenders before the investigating officer within one week from today, the investigating officer shall interrogate him and after interrogation if the investigating officer forms an opinion that the applicant is to be arrested, the investigating officer shall record the arrest of the applicant and produce him before the jurisdictional Magistrate. The bail application if any moved by the applicant shall be disposed of by the learned Magistrate, in accordance with law, as far as possible, on the same day itself. A copy of the bail application shall be given to the learned Public Prosecutor in advance. The bail application is, accordingly, dismissed with the above observations.

Sd/-