Pre-arrest bail cannot be granted lightly; serious charges warrant continued investigation and custodial interrogation.

O R D E R

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 accused No.1 in Crime No.2981/2025 of Kollam East Police Station, Kollam District. The offences alleged are punishable under Section s 296 (b), 126(2) and 110 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’).

3. The prosecution case, in short, is that the friend of the defacto complainant had questioned the conduct of the accused in making a quarrel after consuming liquor at Kollam V Park. Accused No.2 had pulled down the defacto complainant out of his car and the applicant had verbally abused the defacto complainant and brandished a dagger towards the neck of the defacto complainant, which was blocked by the defacto complainant, resulting in a stab injury on his left hand. Unless the defacto complainant had blocked the said stab, it would have resulted in an injury likely to cause his death.

4. I have heard Sri.Jithin S., 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. Specific overt act has been alleged against the applicant. The applicant stabbed the defacto complainant with a knife. The defacto complainant has sustained an incised wound on his hand.

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/-