Pre-arrest bail granted considering the lack of necessity for custodial interrogation and cooperation with investigation required.

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 sole accused in Crime No.1173/2025 of Peermade Police Station, Idukki District. The offences alleged are punishable under Section 3 read with 25(1)(a) of the Arms Act, 1959 , Section 9B (1)(b) of the Explosives Act, 1884 and Section 288 of the Bharatiya Nyaya Sanhita, 2023 .

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

24.12.2025 at about 11:00 p.m., the applicant, without possessing any valid license or lawful authority and with the intention and preparation to hunt wild animals, was found in possession of one big country-made gun, one small loaded gun, 88 lead pellets, three lead pieces, gun powder and other articles at his residence at Ambadi House, Peerumedu Kara in Peerumedu Village, within the jurisdiction of Murinjapuzha Forest Station, Erumeli Range, Kottayam Forest Division, whereupon he was arrested by the Erumeli Range Forest Officer, a case was registered as O.R. No.8/2025 of Murinjapuzha Forest Station, and the seized firearms and ammunition were taken into custody and produced a report before the Peerumedu Police Station, which thereafter registered a case against the applicant and thereby committed the alleged offences.

4. I have heard Sri. T.A.Unnikrishnan, 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. The applicant was arrested and remanded in O.R. No.8/2025 of Murinjapuzha Forest Station. He was released on bail after 12 days. The recovery has already been effected. 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