Pre-arrest bail under Section 482 BNSS denied due to serious offences, prima facie evidence, and need for custodial interrogation.

ORDER

This application is filed underSection 482of theBharatiya Nagarik Suraksha Sanhita, 2023(for short, BNSS ), seeking pre- arrest bail.

2. The applicant is the sole accused in O.R. No.15/2026 of Pala Excise Range Office, Kottayam District. The offences alleged are punishable underSections 13 r/w 63, 55(a) and 55(i) of theKerala Abkari Act, I of 1077.

3. The prosecution case, in short, is that the applicant was found in possession of 26 litres of Indian Made Foreign Liquor in 52 bottles and conducted sale thereof from the ramp of vehicle workshop near Kallickal House bearing No.V/196 of Bharananganam Village, at 11:40 pm, on 31.01.2026. The person who purchased liquor ran away when he saw the excise officials and thereby the applicant is alleged to have committed the above offences.

4. I have heard Sri.Akhil Vijay, the learned counsel for the applicant and Smt.Sreeja V., 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 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 underSection 482ofBNSScould 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 contraband was seized from the house of the applicant.

7. 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.