Pre-arrest bail cannot be granted as a matter of course where serious allegations and potential interference with investigations are present.

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.931/2025 of Thirurangadi Police Station, Malappuram District. The offences alleged are punishable under Sections 9 (f) and 9(l) of the Protection of Children from Sexual Offences Act , 2012, Section 75 (1)(i) of the Bharatiya Nyaya Sanhita , 2023 and of the Juvenile Justice (Care and Protection of Children) Act .

3. The prosecution case, in short, is that the applicant who is a teacher in Thrikulam High School in Tirurangadi amsom, sexually abused 13 year old victim who is a student in that school. The allegation is that on November 2025 at 14.15 hours on two days and at 16.40 hours on another day, near the class room and office room, the applicant had with sexual intent pressed the breast and stomach of the minor victim, also covered her face and thereby committed the offences.

4. I have heard Sri. Ahamed Fazil E.C, the learned counsel for the applicant and Sri. Noushad K.A., 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 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. The applicant, a school teacher aged fifty years, who is bound to protect his own student, sexually assaulted her thrice.

The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned Senior 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/-

DR. KAUSER EDAPPAGATH JUDGE kp APPENDIX OF BAIL APPL. NO. 265 OF 2026 PETITIONER ANNEXURES Annexure 1 . TRUE COPY OF THE TESTIMONIAL DATED NIL ISSUED BY HEAD MISTRESS GOVERNMENT HIGH SCHOOL, TRIKKULAM Annexure 2 TRUE COPY OF COMPLAINT FILED BY SMT.