The court determines that pre-arrest bail should not be granted routinely, especially when serious allegations are present.

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 No.3 in Crime No.2076/2025 of North Paravur Police Station, Ernakulam District. The offences alleged are punishable under Sections 351 (2), 126(1) and 118(1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 (for short, the BNS ).

3. The prosecution case, in short, is that the accused persons have enmity against the de facto complainant and his friends for giving information about the use of drugs by accused No.1 before the police. On 04.12.2025 at about 10.45 p.m., in front of the parking area of City Bar, the accused persons with an intention to assault the victims, restrained the de facto complainant, hit him and his friend with helmet, kicked and slapped on the various parts of his body and thereby committed the offences.

4. I have heard Sri.Paul Varghese Srambical, 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. Specific overt has been alleged against the applicant though serious allegations are attributed against accused Nos.1 and 2. Moreover, the applicant has criminal antecedents. 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 of could be invoked.

7. The learned counsel for the applicant submitted that the applicant is ready to surrender before the investigating officer. Accordingly, this bail application is disposed of on the following conditions:

(i) The applicant shall appear before the Investigating Officer within a week from today and shall subject himself to interrogation.

(ii) After interrogation, if the Investigating Officer arrests the applicant, he shall be produced before the jurisdictional court without undue delay.

(iii) On production of the applicant before the jurisdictional court, if any application for bail is filed, the court shall consider the same, preferably on the same day itself, in accordance with law.