Pre-arrest bail is not granted as a matter of course; necessity for custodial interrogation can outweigh the request for bail.

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 No.4 in Crime No.870/2025 of Vallikunnam Police Station, Alappuzha District. The offences alleged are punishable under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

3. The prosecution case, in short, is that, on 18.09.2025 at 07:05 pm, the accused No.1 was found in possession of 5.550 grams of MDMA in contravention of the NDPS Act and Rules. During the investigation it was revealed that the contraband was purchased from Bangalore with the assistance of the applicant.

4. I have heard Sri.Asok Kumar K.P., the learned counsel for the applicant and Sri.M.C. Ashi, the learned 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 underSection 482ofBNSScould 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 quantity involved is 5.550 grams of MDMA. The investigation reveals that the applicant supplied the contraband to accused No.1.

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/-