Pre-arrest bail cannot be granted as a matter of course, particularly when serious accusations indicate a premeditated criminal act.

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 accused Nos.1 to 6 in Crime No.1074/2025 of Kumaly Police Station, Idukki District. The offences alleged are punishable under Sections 3 32 (a), 118(1), 296(b) and 115(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’).

3. The prosecution case, in short, is that on 31.10.2025 around 9.00 p.m., applicant Nos.1 to 6 in furtherance of their common intention to assault the defacto complainant and his brothers, criminally trespassed into the shop run by the defacto complainant's elder brother at Thekkadikavala Baghom, Kumaly Kara, and applicant No.1 threw a helmet at the neck of the defacto complainant. It is further alleged that applicant Nos.2 to 5 arrived at the place of occurrence in a jeep and used abusive language against the defacto complainant. At that time, applicant No.6 reached the spot on a bike and inflicted an injury on the left side of the defacto complainant's head using a helmet. Subsequently, applicant No.1 inflicted an injury on the head of the defacto complainant with a knife, and applicant No.2 struck him on the head with an iron rod. Applicant Nos.3 to 5 further manhandled the defacto complainant. Applicant No.4 caused injury to the face of Sri.Vivek, the defacto complainant's brother, with a helmet, while applicant No.3 hit Sri.Vishnu, another brother of the defacto complainant, with his hand.

4. I have heard Sri.C.Harikumar, the learned counsel for the applicants and Sri.K.A.Noushad, 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 acts have been alleged against all the applicants. The victim has sustained injuries in the incident, as evident from the wound certificate.

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/-