Pre-arrest bail is not granted as a matter of course; it requires a special case and must consider the seriousness of accusations.

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 No.1 in Crime No.715/2025 of Mararikulam Police Station, Alappuzha District. The offences alleged are punishable under Sections 296 (b), 118(1), 118(2) and 117(2) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 16.10.2025 at 9:00 p.m. the accused with common intention to cause hurt to the defacto complainant pelted stones towards his house. When the defacto complainant came out of the house, the applicant hurled abusive words towards him. Accused beat on the left elbow of the defacto complainant with a gliricidia stick causing fracture. They also beat the son and son in law of the defacto complainant and also the worker of his son in law and thereby committed the offences.

4. I have heard Sri.B.Surjith, the learned counsel for the applicant and Smt.V.Sreeja, 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. Specific overt act has been alleged against the applicant. The defacto complainant sustained fracture in the incident.

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/-