Pre-arrest bail is granted only in special circumstances; serious allegations necessitate careful scrutiny.

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.1 in Crime No.746/2023 of Guruvayur Temple Police Station, Thrissur District. The offence alleged is punishable under Section 20 (b) (ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act').

3. The prosecution case, in short, is that on 28.08.2023, the applicant was arrested by Sub Inspector of Police, Kunnamkulam, in connection with Crime No.1269/2023 underSection 20(b)(ii)(A) of NDPS Act and while he was interacted, the applicant disclosed that he sent a parcel from Bangalore through DTDC courier service at Manjulal, near East Nada, Guruvayur to one Sri.Arun K.S., Karumathil House, P.O.Guruvayur. The said parcel contained 4.8 grams of MDMA and thereby committed the offence.

4. I have heard Sri.Muhammed Hussain K.M., the learned counsel for the applicant and Smt.V.Sreeja, 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.

The applicant had earlier filed a bail application before this Court as B.A.No.10041 of 2023 as early as on 09.11.2023. The said bail application was dismissed as withdrawn on 15.12.2023. This fact has not been disclosed in this bail application. The learned Senior Public Prosecutor submitted that, thereafter, the applicant absconded and left to Gulf. It is further submitted that a lookout notice has been issued against him. Suppressing all these facts, he has approached this Court. This application is nothing but an abuse of the process of the court. Hence, it is dismissed with a cost of Rs.3,000/- (Rupees Three thousand only), which shall be paid by the applicant to the Kerala State Legal Services Authority, within a period of two weeks from today.

Sd/-