The court affirms that pre-arrest bail under Section 482 of BNSS is not granted as a matter of course, especially in serious cases.

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.2 in Crime No.896/2025 of Ottapalam Police Station, Palakkad District. The offences alleged are punishable under Sections 126(2), 115(2), 118(1), 118(2) and 110 r/w Section 3(5) of the BNS.

3. The prosecution case, in short, is that on 06.10.2025 at

20.30 hours, accused Nos. 1 5, due to the enmity that a complaint was lodged for beating and injuring a person named Abdul Azeez against the friends of accused No.1, the accused wrongfully restrained the defacto complainant, accused No.1 stabbed him with a knife on the muscle of the left hand, accused No.2 hit him with a stone on the fingers of the left hand, accused No.3 kicked him on the chest and accused Nos. 4 and 5 beat him with their hands on the body and thereby the defacto complainant sustained injuries. If the defacto complainant had not blocked the stab by accused by using his hand, he would have sustained serious injury on the chest resulting in his death for which accused Nos.2 to 5 helped and instigated each other and thereby committed the offences.

4. I have heard Sri.Nireesh Mathew, 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. It is true that accused No.1 used a knife. However, the applicant caused injury to the de facto complainant with a stone causing fracture to the left middle finger. The investigation is in a preliminary stage. 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.

7. 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.

Sd/-