Pre-arrest bail under Section 482 requires a special case; serious allegations necessitate custodial interrogation to protect investigation integrity.

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 No.1 in Crime No.1039/2025 of Medical College Police Station, Kozhikode District. The offences alleged are punishable under Sections 126(2), 115(2) and 118(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that on 25.12.2025, while the defacto complainant and his friend Jibish were returning home after a meeting at Thali, Kozhikode, a car with registration number KL 11 BL 7955, driven by the applicant, hit the rear of the motorcycle the defacto complainant was riding near Puthiyara. The defacto complainant continued the journey without pursuing the matter; however, the applicant and other accused persons intercepted them at Pottammal Junction. The applicant, who was driving the car, stabbed the defacto complainant's friend in the face with a key, kicked the defacto complainant, stabbed the right side of the defacto complainant's head with a key, punched the defacto complainant in the face with a clenched fist. Both individuals sustained injuries in the incident and thereby committed the offences.

4. I have heard Sri.Gokul K.S., 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, Senior 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. Specific overt act has been alleged against the applicant. He, using a key, assaulted the defacto complainant, who sustained injury.

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/-