The court emphasized the need for special circumstances to grant pre-arrest bail, given the serious nature of the accusations and ongoing investigations.

ORDER

These applications are 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. 1, 2 and 4 in Crime No. 3057/2025 of Kollam East Police Station, Kollam District. The offences alleged are punishable under Sections 3 51(2), 296(b), 189(2) and 191(2) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, and 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act , 2012 and Section 3 (1) of the Prevention of Damage to Public Property Act , 1984. B.A.No.307/2026 is filed by the accused No.2 and B.A.No.259/2026 is filed by the accused Nos. 4 and 1.

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

30.11.2025 at 19.40 hours, the accused Nos. 1 to 8 had trespassed into the procedure room of the casualty of the Kollam District Hospital by breaking open the glass door, as a result of which, the face of the security-guard got injured. Another nurse was also injured. They also verbally abused the casualty medical officer and attempted to strike him with hands, creating damage of property worth ₹5,000/-. Thus, the accused have committed the above offences.

4. I have heard Sri. Sreeraj M.D and Smt.

Neelanjana Nair, the learned counsel for the applicants and Sri. K.A. Noushad, 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. In the incident, a security guard, a nurse and one of the staff of the hospital sustained injury.

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 these are not fit cases where the extraordinary jurisdiction vested with this Court under Section 482 of BNSS could be invoked. The bail applications are, accordingly, dismissed.

Sd/-