Pre-arrest bail must be justified with a special case; serious allegations and investigation stage justify denial.

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.1 in Crime No.756/2025 of Kanakakunnu Police Station, Alappuzha District. The offences alleged are punishable under Sections 126(2), 296(b), 115(2) and 121(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short, is as follows:

The defacto complainant is the conductor of the KSRTC bus bearing No. RNC 991 attached to Haripad KSRTC depot. On 26.12.2025 at 5.45 pm, at Vadikappally junction in Pullukulangara-Karthikappally public road in ward No.1 of Muthukulam Panchayat, the applicant and the accused No.2 wrongfully restrained the KSRTC bus by stopping their Mahindra jeep bearing registration No. KRO 7270 across the said bus, as they were not given a way to overtake. The accused hurled obscene words towards the driver of the said bus and when the defacto complainant alighted from the bus to enquire the matter, they abused him also and grabbed and pushed him away, causing him to fall on the jeep. As a result, his uniform got damaged, sustained injuries to his right palm and above right elbow. The applicant and the accused No.2 caught hold on the collar of his shirt and obstructed him from discharging his official duty and thereby committed the offences.

4. I have heard Sri. Sreerag S., 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. Specific overt act has been alleged against the applicant. Moreover, the applicant is involved in four other cases.

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.

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