The court emphasizes the serious nature of accusations and the necessity for custodial interrogation in deciding bail applications.

ORDER

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

2. The applicants are the accused Nos.2 to 4 Crime No.617/2025 of Maradu Police Station, Ernakulam District. The offences alleged are punishable under Sections 115 (2), 118(1) and Section 110 read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that the defacto complainant asked the applicants not to create commotion near his house after consuming liquor. Out of the said animosity, on 14.09.2025 at about 11.00 p.m. the accused persons while the defacto complainant was talking with his friends near Tribute Bar at Maradu, came there. The accused No.1 inflicted an injury on the left ear by using knuckle punch as well as on the back of the head. The applicant No.1 has kicked on the abdomen of the defacto complainant, applicant No.2 has tried to inflict an injury on his head by using an iron rod and thereby committed the offences.

4. I have heard Sri.Ieans C. Chamakkala, 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 defacto complainant has sustained serious injury in the incident.

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/-