Pre-arrest bail is denied when serious charges indicate a premeditated criminal act, necessitating custodial interrogation to preserve the integrity of the investigation.

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 accused in Crime No.587/2025 of Vellayil Police Station, Kozhikode District. The offences alleged are punishable under Sections 74 and 78 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the applicant contacted the victim over phone and thereafter followed her repeatedly despite a clear indication of disinterest, made sexually coloured remarks against her and finally outraged her modesty on 07.10.2025 at 3.53 p.m. near Vellayil Police Station, Kozhikode District and thereby committed the above offences.

4. I have heard Sri.Praveen Hariharan, 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.

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/-