Pre-arrest bail can be denied if the nature of charges justifies custodial interrogation and the risk of influencing witnesses.

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.3 in Crime No.1693/2025 of Pooyapally Police Station, Kollam District. The offences alleged are punishable under Sections 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, NDPS Act).

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

12.12.2025, the accused nos. 1 to 3 were travelling in a car. On seeing the detecting party, the applicant had ran out of the car. The accused No.1 was found carrying 1.5 grams of MDMA in his pocket. It is alleged that the applicant along with accused Nos.1 and 2 were carrying the same and thereby committed the offences.

4. I have heard Sri.Anoop Antony, the learned counsel for the applicant and Smt. Sreeja V., 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 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 applicant is very serious in nature, and it prima facie shows a premeditated criminal act on his part. The applicant and the accused Nos.1 and 2 were travelling in a car while the detecting party inspected them. The applicant ran away from the car and the remaining accused were arrested and the contraband was seized from them. The applicant who fled from the scene of occurrence has come forward with an application for pre-arrest bail. It is frivolous in nature.

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 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/-