Pre-arrest bail under S. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is not granted as a matter of course and requires the establishment of a special case through recorded reasons, especially where the investigation involves serious premeditated criminal acts.

O R D E R

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS), seeking pre-arrest bail.

2. The applicants are the accused Nos.2 and 5 in Crime No.136/2026 of Veeyapuram Police Station, Alappuzha District. The offences alleged are punishable under Sections 189(2), 191(2), 115(2), 118(1), 126(2) and 110 read with Section 190 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is as follows:- On

08.04.2026, due to prior enmity arising from a verbal altercation between the accused and the defacto complainant in connection with their friend Anu, the accused, with the intention and preparation to cause hurt to the defacto complainant and others, and in furtherance of their common object, formed themselves into an unlawful assembly, knowing that they were members of the said group. It is submitted by the learned counsel for the applicants that the applicant No.2/accused No.5 has already been arrested.

4. I have heard Sri.Shibu Babu, the learned counsel for the applicants and Sri.M.C.Ashi, the learned Senior Public Prosecutor. Perused the case diary.

5. 5. The learned counsel for the applicants submitted that the applicant No.1 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 No.1 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 No.1/accused No.2 is very serious in nature, and it prima facie shows a premeditated criminal act on his part. 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.

7. The learned counsel for the applicants submitted that the applicant No.1 is ready to surrender before the investigating officer. Accordingly, this bail application is disposed of on the following conditions:

(i) The applicant No.1 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 No.1, he shall be produced before the jurisdictional court without undue delay.

(iii) On production of the applicant No.1 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.

(iv) The copy of the bail application shall be given to the Prosecutor in advance.