Pre-arrest bail under Section 482 of the BNSS requires special circumstances and cannot be granted as a matter of course.

O R D E R

This is the second application 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.988/2025 of Kuttipuram Police Station, Malappuram District. The offences alleged are punishable under Sections 305 (e) and 285 r/w Section 3 (5) of the Bharatiya Nyaya Sanhita ( BNS ), Section 117 (e) of the Kerala Police Act , 2011, Sections 20 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act , 2001 (for short, KPRB & RRS Act) and Sections 132 and 179 of the Motor Vehicles Act , 1988.

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

06.10.2025 at about 03.30 a.m., the applicant along with other accused were found illegally transporting river sand from Bharathapuzha without permit or licence using the vehicle bearing registration No.KL-55-C-0975, through the Kuttippuram-

Edappal road.

4. I have heard Sri. Neeraj Krishna 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. The first anticipatory bail application was dismissed by this Court as per Annexure A3 order, holding that, in view of the nature of the allegations against the applicant and the fact that the applicant has criminal antecedents, bail cannot be granted. He is involved in five other cases including the offence under the KPRB & RRS Act. There is no change of circumstance.

7. Considering all the facts and circumstances, 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/-