Pre-arrest bail requires special circumstances and may be denied if serious allegations exist that could affect the investigation.

ORDER

This application is filed underSection 482of theBharatiya Nagarik Suraksha Sanhita, 2023(for short, BNSS ), seeking pre- arrest bail.

2. The applicant is the accused in Crime No.20/2026 of Erattupettah Police Station, Kottayam District. The offences alleged are punishable under Sections 69 and 88 of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS ).

3. The prosecution case, in short, is that the applicant befriended the defacto complainant through Facebook, by deceitful means made her a false promise of marriage and on 18.10.2025 at 11 am, he induced her to come to the Capital Inn restaurant at Erattupetta and had sexual intercourse with her on that day and on other occasions. The defacto complainant became pregnant and when she informed the matter to the applicant he was reluctant to marry her and compelled her to undergo medical termination of pregnancy on 14.11.2025 and cheated her by not marrying her.

4. I have heard Smt. Namita Philson, 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 underSection 482ofBNSS 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. Specific allegations are there in the FIS to attract the ingredients of Section 69 of the .

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. 617 OF 2026 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE DISCHARGE SUMMARY DATED 14-11-2025 Annexure A2 A TRUE COPY OF THE ORDER OF THE HON’BLE SESSIONS COURT, KOTTAYAM, IN CRL.MP 32/26 DATED 22-01-2026