Pre-arrest bail is not a guaranteed right and may be denied in cases involving serious allegations and evidence of premeditated criminal actions.

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 applicants are accused Nos.2 and 3 in Crime No.27/2026 of Wadakkanchery Police Station, Thrissur District. The offences alleged are punishable under Sections 115(2), 296(b), 309(4), 351(2) and 118(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 .

3. The prosecution case, in short, is that on 07.01.2026 at

4.30 p.m., accused Nos.1 and 2 abused and assaulted the defacto complainant in a car. It is alleged that accused No.1 stabbed him using a knife, threatened him and took Rs.5,000/- from him. It is further alleged that accused No.3 made the defacto complainant confess on the phone that he is an MDMA seller.

4. I have heard Sri.Sarath Babu Kottakkal, the learned counsel for the applicants and Sri.K.A.Noushad, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. The learned Senior Public Prosecutor, on the other hand, submitted that the alleged incident occurred as part of the applicants’ intentional criminal acts, and if they are 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 applicants. 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 of could be invoked.

7. The learned counsel for the applicants submitted that the applicants are ready to surrender before the investigating officer. If the applicants surrender before the investigating officer within one week from today, the investigating officer shall interrogate them and after interrogation, if he forms an opinion that the applicants are to be arrested, he shall record their arrest and produce them before the jurisdictional Magistrate on the same day itself. The bail application, if any, filed by the applicants shall be disposed of by the learned Magistrate, in accordance with law, on the same day itself as far as possible. The copy of the bail application shall be given to the Prosecutor in advance.

The bail application is dismissed with the above observation.

Sd/-