The necessity of custodial interrogation in pre-arrest bail applications is essential when serious allegations suggest a premeditated crime.

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.2764/2025 of Kottarakkara Police Station, Kollam District. The offences alleged are punishable under Sections 189(2), 191(2), 191(3), 118(1), 110 and 190 of the BNS, 2023.

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

7.12.2025, at 9 pm, the applicant along with the remaining accused formed an unlawful assembly with common intention to cause grievous hurt to the defacto complainant on account of previous enmity and in furtherance of the said intention, they attacked the defacto complainant with deadly weapons and inflicted grievous injuries. It is alleged that the applicant and the accused beat the defacto complainant with iron rods and caused injuries on his right elbow. When the defacto complainant fell down, accused Nos. 6 and 7 stamped and manhandled him. It is further alleged that the applicant beat the defacto complainant's friend Hussain above his left ear with a punching bangle and the accused Nos. 4 and 5 fisted him on his face and nose and thereby committed the offences.

4. I have heard Sri. K.V Anil Kumar, 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 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. I went through the FIS. Specific overt act has been alleged against the applicant. A reading of the FIS would show that the applicant with an iron pipe gave a blow on the head of the de facto complainant and he sustained lacerated wound on the forehead which corresponds to the blow given by the applicant. Moreover, the applicant has criminal antecedents.

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 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/-