Pre-arrest bail cannot be granted as a matter of course; serious allegations and potential interference with investigation justify denial.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 24^TH DAY OF MARCH 2026 / 3RD CHAITHRA, 1948 BAIL APPL. NO. 1486 OF 2026 CRIME NO.113/2026 OF Vengara Police Station, Malappuram AGAINST THE ORDER DATED 9.3.2026 IN BA NO.277 OF 2026 OF SESSIONS COURT, MANJERI PETITIONER/ACCUSED:

RAMESH K, AGED 42 YEARS S/O LATE SIVASANAKARAN, KARIMBAN NIRAYATH HOUSE, VENGOOR PO, PATTIKKAD VIA, MELATTUR VILLAGE, MALAPPURAM DISTRICT, PIN - 683546 BY ADVS. SHRI.ABDUL RAHOOF P.M.

SHRI.MUHAMMAD YASIL A.P.

SRI.SHAHIM BIN AZIZ SHRI.K C MOHAMED RASHID RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031

2 STATION HOUSE OFFICER VENGARA POLICE STATION, VENGARA, MALAPPURAM DISTRICT–676304, PIN - 682031 SRI. K. A. NOUSHAD, SR.PP.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

24.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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.113/2026 of Vengara Police Station, Malappuram District. The offences alleged are punishable under Section 288 of the Bharatiya Nyaya Sanhita , 2023 and Sections 4(b) and 5 of the Explosive Substances Act , 1908

3. The prosecution case, in short, is that at about

1.00 pm on 26.2.2026 at Cherekkad in Kannamangalam Village, the applicant was found conducting quarrying activities without any license, endangering human life and animal life and property by using explosive substances and thereby committed the offences.

4. I have heard Sri. Abdul Rahoof P.M., 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 applicant has criminal antecedents. He is involved in crime of similar nature committed in the year 2025. The present crime has been committed violating the condition No.7 in the bail order granted by the trial court.

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/-

DR. KAUSER EDAPPAGATH JUDGE kp APPENDIX OF BAIL APPL. NO. 1486 OF 2026 PETITIONER ANNEXURES Annexure A COPY OF THE FIR DATED 26.02.2026 IN CRIME NO.113/2026 OF VENGARA POLICE STATION Annexure B TRUE COPY OF THE ORDER DATED 09.03.2026 IN BA NO. 277/