Bail applications under Section 482 require clear justification, particularly in serious criminal cases where investigation might be impeded.

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.4 in Crime No.759/2025 of Viyyoor Police Station, Thrissur District. The offences alleged are punishable under Sections 20 (b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985.

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

05.08.2025 at about 13.10 p.m., the Inspector of Police, Viyyoor Police Station and party during their patrol duty seized 4.200 kg of ganja which was kept in a bag and possessed by the accused Nos.1 and 2 for sale, while they were standing near the bridge in front of Villadam Corporation Ground. During investigation it is revealed that the accused No.3 and the applicant are the distributors of the above ganja to the accused Nos.1 and 2. Thus, the applicant committed the offences alleged.

4. I have heard Sri.E.Vijin Karthik, the learned counsel for the applicant and Sri.M.C.Ashi, the learned 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 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.

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 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/-