Pre-arrest bail is not guaranteed and should be denied if there are serious allegations that may hinder investigations.

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 sole accused in Occurrence Report No.105/2025 of Nooranad Excise Range Office, Alappuzha District. The offences alleged are punishable under Sections 13 read with 63 and 55(i) of the Kerala Abkari Act 1 of 1077.

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

07:10 a.m. on 01/10/2025 while the respondent and his men were on patrol duty, they got a reliable information that the applicant is selling Indian Made Foreign Liquor at his house; that when they reached the residence of the applicant and on search they found that the applicant is selling the liquor in the cattle shed on the eastern side of his house; that they seized about 3.900 litres of Indian Made Foreign Liquor which was intended for sale; that on seeing the respondent, the applicant ran away from the place and hence they could not arrest the applicant and thus the applicant committed the offences as alleged.

4. I have heard Sri. Shafeek A, 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. The contraband was seized from the cattle shed on the eastern side of the house of the applicant. The applicant ran away from the spot when the Excise party reached the site.

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/-