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2026 Supreme(Online)(Ker) 12855

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
AKSHAY – Appellant
Versus
STATE OF KERALA – Respondent
BAIL APPL. NO. 714 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.VINAYAK G MENON, SRI.ARUN CHAND, SRI.BHARAT VIJAY P.
For the Respondents: SRI.M.C.ASHI, SR.PP

Pre-arrest bail is not to be granted as a matter of course; serious allegations require thorough investigation.

Headnote:The present application for pre-arrest bail is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the allegation of serious criminal acts against the applicants. The court found a prima facie case of premeditated criminal conduct established through the prosecution's evidence, indicating the need for custodial interrogation to ensure a fair investigation. Hence, the bail application was dismissed.

Table of Content
1. serious allegations against applicants. (Para 2)
2. arguments for bail and counterpoints. (Para 5)
3. court's observations on investigation necessity. (Para 6 , 7)

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 applicants are the accused Nos.1 and 2 in Crime No.34/2026 of Ollur Police Station, Thrissur District. The offences alleged are punishable under Sections 115 (2), 118(2), 110, 296(b) and 126(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 and Section 27 of the Arms Act , 1959.

3. The prosecution case, in short, is that on 04.01.2026 at

6:30 hours, the applicants along with the remaining accused blocked the scooter in which the defacto complainant and his friends were travelling, assaulted the defacto complainant and his friends with granite stones as well as with bare hands with the intention to kill them and thereby committed the aforementioned offences.

4. I have heard Sri.Vinayak G.Menon, the learned counsel for the applicants and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicants' intentional criminal acts, and if they are 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 applicants is very serious in nature, and it prima facie shows a premeditated criminal act on their part. Specific overt act has been alleged against the applicants. They have used a weapon. The defacto complainant and his friends have sustained fractures in the incident.

7. The investigation is in a preliminary stage. The custodial interrogation of the applicants is necessary for the investigation. As rightly argued by the learned Senior Public Prosecutor, the possibility of the applicants influencing the witnesses and interfering with the investigation cannot be ruled out if they are 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/-

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