Pre-arrest bail is not granted as a matter of course; the seriousness of the allegations and the need for custodial interrogation are critical considerations.

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.1087/2025 of Vattappara Police Station, Thiruvananthapuram District. The offences alleged are punishable under Sections 296(b), 126(2), 115(2), 121(1) and 324(3) of the Bharatiya Nyaya Sanhita, 2023 .

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

6.11.2025 at about 11.15 am, near Pallivila Junction, while the defacto complainant was getting off the passengers from the KSRTC bus, the applicant opened the door of the driver seat and entered the bus, thereafter uttered obscene words against the defacto complainant and fisted him on his right side of chest. When the defacto complainant closed the door, the applicant again forcefully opened the door and pulled out the defacto complainant from the driver's seat and thereby deterred him from discharging his official duties. It is alleged that, due to the cancellation of the trip, the KSRTC sustained a loss of ₹16,000/-.

4. I have heard Sri. R. Nikhil, the learned counsel for the applicant and Sri. M.C. Ashi, 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. It is seen from the records that, immediately after the incident, the defacto complainant was taken to the hospital and he disclosed everything to the doctor. The medical certificate also supports the allegation of assault.

The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Senior 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/-