Pre-arrest bail is not a matter of course and is only granted under exceptional circumstances, considering the seriousness of the allegations.

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.794/2025 of Muttam Police Station, Idukki District. The offences alleged are punishable under Sections 296 (b), 118(1) 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 accused, having the knowledge that their acts were likely to cause the death of the defacto complainant, on 29.11.2025 at about 11.00 p.m., while the defacto complainant was proceeding to his residence at Kattoli Bhagam, Thattarathatte Kara, Karimkunnam village, the applicant abused the defacto complainant using filthy language, when the defacto complainant questioned the same, accused No.1 inflicted a cut injury on the back of the head of the defacto complainant with a chopper and thereafter repeatedly attempted to assault him with the said weapon, but for the defacto complainant evading the attacks, it would have resulted in his death. The accused are alleged to have acted in furtherance of their common intention and to have rendered mutual assistance to each other and thereby committed the aforementioned offences.

4. I have heard Sri.Kurian Antony Mathew, 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. I went through the FIS. It is true that it was accused No.1 who used the weapon. However, the active role of the applicant is evident from the FIS. It was he who initiated the quarrel. The victim had sustained serious injuries on his head in the incident.

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/-