The court ruled that pre-arrest bail may be granted when custodial interrogation is deemed unnecessary due to insufficient evidence supporting non-bailable offences.

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 in Crime No.759/2025 of Palarivattom Police Station, Ernakulam District. The offences alleged are punishable under Sections 74 , 79, 126(2), 296(b), 351(2) and 115(2) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is that on

21.10.2025 at about 08:00 a.m., the applicant obstructed the de facto complainant while she was moving in a scooter near a tea shop named Chai Story and uttered obscene words against her and also threatened her so as to outrage her modesty. Thus, the applicant has committed the above mentioned offences.

4. I have heard Sri. Jojo A.V., 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 above crime. 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. I went through the FIS. There is hardly anything to attract the ingredient of Section 74 of the Bharatiya Nyaya Sanhita , 2023, which is the only non- bailable offence alleged. Considering the allegations made against the applicant, his custodial interrogation seems unnecessary. For these reasons, I find this to be an appropriate case to grant pre-arrest bail to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE ARK APPENDIX OF BAIL APPL. NO. 657 OF 2026 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE ORDER DATED 10/12/2025 IN CRL.M.C.3307/2025 OF ADDL.SESSIONS JUDGE-

7, ERNAKULAM.