The gravity of the allegations necessitates custodial interrogation, which, coupled with the evidence, justifies the denial of pre-arrest bail.

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 in Crime No.53/2026 of Thamarassery Police Station, Kozhikode District. The offences alleged are punishable under Sections 74 , 75(1)(i), and 75(2) of the Bharatiya Nyaya Sanhita , 2023, Section 7 read with Section 8 , Sections 9 (i), 9(l) and (f) read with Section 10 of the Protection of Children from Sexual Offences Act , 2012, and Section 7 5 of the Juvenile Justice (Care and Protection of Children) Act , 2015.

3. The prosecution case, in short, is that the applicant, who is the teacher of GHSS, Thamarassery, on 09.12.2025, subjected the minor survivor, a plus two student of the said school, to sexual assault by gripping her breast on the veranda of class C2B of the said school. The survivor was subjected to sexual assault on two other occasions as well by the applicant and thereby committed the offences.

4. I have heard Sri.P.P.Hashick, 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. There is specific overt act against the applicant in the FIS. This is a case where the teacher assaulted the student.

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/-