Pre-arrest bail is not granted as a matter of course and requires the demonstration of a special case under S. 482 BNSS, especially when allegations are serious and custodial interrogation is necessary for an ongoing investigation.

O R D E R

This is the second bail application 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.917/2025 of Pothanikad Police Station, Ernakulam District. The offences alleged are punishable under Sections 332(c), 296(b), 351(2) and 74 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

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

21.09.2025 at 2.30 p.m., the applicant trespassed into the house of the defacto complainant and when the defacto complainant asked him to leave the house, he abused her in filthy language and also inappropriately touched her. When the defacto complainant and mother tried to close the gate and pushed the applicant out of the gate, the applicant caught hold of the defacto complainant so as to outrage her modesty. He pressed on her breast and tore away the button shirt worn by her and thereby outraged the modesty of the defacto complainant. Thus, the applicant has committed the aforementioned offences.

4. I have heard Smt.Agnet Jarard, the learned counsel for the applicant and Smt.V.Sreeja, 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 act has been alleged against the applicant in the FIS.

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 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. No change of circumstances has been canvassed by the applicant so as to maintain the second application for pre-arrest 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/-