Pre-arrest bail is not granted as a matter of routine; it requires special circumstances, especially in serious allegations involving minors.

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 sole accused in Crime No.1594/2025 of Quilandy Police Station, Kozhikode District. The offences alleged are punishable under Sections 354A (2) of the Indian Penal Code, 1860 , and Sections 9 (l) r/w 10, 9(m) r/w 10 and 9(n) r/w 10 of the Protection of the Children from Sexual Offences Act, 2012.

3. The prosecution case, in short, is that the applicant, who is the brother-in-law of the father of the minor victim, used to sexually assault the victim from the time she was in the 5^th standard until she was in the 8^th standard, by gripping her breast. Thus, the applicant committed the offences alleged.

4. I have heard Sri.Saijo Hassan, 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 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. I went through the FIS. Specific overt acts have been alleged against the applicant. The applicant is aged 62 years. The victim was molested while she was studying in the 5^th Standard.

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 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/-