Pre-arrest bail cannot be granted as a matter of course and requires special considerations when serious allegations indicate premeditated criminal conduct.

ORDER

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 the accused Nos. 1 to 5 in Crime No.103/2026 of Kuttippuram Police Station, Malappuram District. The offences alleged are punishable under Sections 126 (2), 115(2), 118(1) and 351(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023.

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

3.2.2026 between 10.30 pm and 11.00 pm at Mandakaparamba, while the defacto complainant and his family were returning after Maniyamkadu Mandakaparamb festival, in furtherance of their common intention to commit the offence, the applicant No.1 wrongfully restrained the defacto complaiant, threatened to kill him, pushed him to the wall, hit on his head, forehead and lips with an idivala, the applicant No.2 threatened to kill him, boxed on his nose and back of his head with an idivala and when the defacto complainant fell down, applicant Nos. 3 and 4 stabbed on his stomach with an iron weapon, kicked him causing grievous injuries on his nose, mouth and broke his tooth. It is further alleged that the applicant No.5 threatened the defacto complainant that he would finish him. Thus the accused have committed the offences.

4. I have heard Smt. Krishnapriya Sreekumar, the learned counsel for the applicants and Sri. M.C. Ashi, 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 applicants is very serious in nature, and it prima facie shows a premeditated criminal act on their part. I went through the FIS. Specific overt acts have been alleged against the applicants Nos. 1 to 4. They used the weapon. Hence, their custodial interrogation is necessary and they cannot be granted pre-arrest bail. However, no serious overt act has been alleged against the applicant No.5. He has not used any weapon. Therefore, he can be granted pre-arrest bail.

In the result, the application is allowed in part on the following conditions:-

(i) The applicant No.5/accused No.5 shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant No.5 shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant No.5 shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant No.5 shall not commit any offence of a like nature while on bail.

(v) The applicant No.5 shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related