The court established that pre-arrest bail can be granted when custodial interrogation is not deemed necessary.

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 in Crime No.2278/2025 of Pala Police Station, Kottayam District. The offences alleged are punishable under Sections 281 and 105 of the Bharatiya Nyaya Sanhita (for short, 'the BNS '), 2023 and Section 134 (A) and

134(B) of the Motor Vehicles Act , 1988.

3. The prosecution case, in short, is that on 05.11.2025 at around 09:30 p.m., the applicant drove the car bearing registration No. KL-35-N-0790 in a rash and negligent manner and hit an autorickshaw parked on the side of the road and due to the impact of the collision, the wife of the informant who was sitting inside the vehicle was thrown out and the autorickshaw capsized on top of her causing fatal injuries and thereby committed the offences.

4. I have heard Sri.P.M.Rafiq, the learned counsel for the applicant, Smt.John Nellimala Sarai, the learned counsel for the defacto complainant and Sri.M.C.Ashi, 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. Going by the allegations in the FI Statement, it is doubtful whether the offence under Section 105 of the BNS would be attracted. Most likely, the offence under Section 106(1) of the alone would be attracted. However, it is something to be found out during the investigation. At any rate, the custodial interrogation of the applicant is not necessary. 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

APA