The court established that pre-arrest bail is not automatic and may be denied based on the seriousness of allegations and need for 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 No.2 in Crime No.1572/2025 of Pettah Police Station, Thiruvananthapuram District. The offence alleged is punishable under Section 20 (b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).

3. The prosecution case, in short, is that on 12.11.2025 at about 10.55 hours, the accused No.1 was found in possession of 8.372 kg of ganja packed in four covers concealed in a traveller bag for the purpose of sale near Chackai Junction, Pettah Village in contravention of the NDPS Act. It is further alleged that the applicant procured and supplied the contraband to the accused No.1.

4. I have heard Sri. Shajin S. Hameed, 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 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 investigation so far conducted would reveal that the applicant has arranged room for the accused No.1 at Bangalore and procured the contraband for him.

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/-