Pre-arrest bail under Section 482 of BNSS is an extraordinary remedy and cannot be granted as a matter of course, particularly in serious offences where custodial interrogation is essential to prevent witness tampering or interference with the investigation.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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.405/2026 of Kunnathunadu Police Station, Ernakulam District. The offences alleged are punishable under Sections 74 and 75(1)(i) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 r/w 7 and 9(n) r/w 10 of the Protection of Children from Sexual Offences Act, 2012.

3. The prosecution in short, is that, on a day in April, 2023, when the victim was studying in 8th standard, while watching television by lying in the hall room of Mattathil Veedu at Athani, the applicant came there, laid down beside her, took her hand and made her touch his penis. When the victim quickly withdrew her hands, the applicant again asked her to hold his penis. Thus, the applicant has committed the aforesaid offences.

4. I have heard Sri. K.R.Vinod, the learned counsel for the applicant and Sri. Thomas Sabu Vadakekut, the learned 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 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 attributed against the applicant in the FIS. The applicant is the close relative of the victim.

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.