Pre-arrest bail may be denied if serious allegations indicate premeditated criminal intent, impacting witness safety and investigation integrity.

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 applicants are the accused Nos.1 and 2 in Crime No.916/2025 of Wandoor Police Station, Malappuram District. The offence alleged is punishable under Section 110 r/w Section

3(5) of the BNS, 2023.

3. The prosecution case, in short, is that at about 04:30 PM on 28.12.2025, at Chowki Angadi in Wandoor amsom, the applicants due to their previous animosity to the defacto complainant, because of a financial transaction during election, and in furtherance of their common intention to commit the offence, applicant No.1 pushed the defacto complainant by catching hold of his neck, and applicant No.2 beat on the head of the defacto complainant with an iron rod and the defacto complainant blocked the attack with his hand, but it fell on his muscle of the left hand. Had the defacto complainant not evaded the attack of applicant No.2, he would have died. It is further alleged that while the brother of the defacto complainant tried to interfere in the attack on the defacto complainant, applicant No.2 beat him on his head with an iron rod but he evaded the attack, and injuries to the left side of his head was caused and further, applicants hit the defacto complainant and his brother with stones, causing injuries to them and thereby committed the offences.

4. I have heard Sri.P.Samsudin, the learned counsel for the applicants and Sri.M.C.Ashi, 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 victim sustained injuries in the incident. The applicants have criminal antecedents.

7. The investigation is in a preliminary stage. The custodial interrogation of the applicants is necessary for the investigation. As rightly argued by the learned 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.

Sd/-