The court emphasized that pre-arrest bail is not automatically granted and must consider the gravity of the allegations and the necessity of investigation.

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 sole accused in Crime No.42/2026 of Mulavukad Police Station, Ernakulam District. The offences alleged are punishable under Sections 376 , 376(2)(n), 354(D), 354(B), 506(i) and 506(ii) of the IPC and Section 66C of the Information Technology Act .

3. The prosecution case, in short, is that the applicant with intention to sexually exploit the defacto complainant, made acquaintance with her through Instagram in 2022, took her to the Island Home Hotel in Vallarpadam on several occasions in March, 2022, raped her, took her photos and videos and threatened her saying that he would sent them to her husband and relatives. He also took her to various places like Cheranallur, Vyttila, Marine Drive, raped her on various occasions after intoxicating her with drugs, threatened her saying that the photos and videos taken will be circulated on social media, also sent her photos to her husband and thereby committed the offences.

4. I have heard Sri. Sooraj Thomas Elenjickal, the learned counsel for the applicant and Sri. M.C. Ashi, 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. I went through the FIS. Specific overt act has been attributed against the applicant.

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.