Pre-arrest bail under Section 482 of BNSS is an extraordinary remedy and cannot be granted as a matter of course, especially when custodial interrogation is essential due to the gravity of the offense and the risk of interfering with the investigation.

AGAINST THE ORDER DATED 27.02.2026 IN BA NO.123 OF 2026 OF SESSIONS COURT, PALAKKAD

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.07.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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 applicant is the accused No.9 in Crime No.147/2026 of Town South Police Station, Palakkad District. The offences alleged are punishable under Sections 310(4), 340(2) and 336(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 22.01.2026, between 01:00 a.m. and 08:00 a.m., the accused Nos. 1 to 8 with the intention and preparation to commit dacoity, the accused Nos. 1 to 4 were found at a place called Yakkara, Kalimanpadam in an Innova car with a fake registration number KL-34-J-2506, in possession of three fake number plates and a stick (Marmmakol) and at 03:50 a.m., the accused Nos. 5 to 8 were found at a place called Irattayal in a Hyundai Venue car with a fake registration number KL-33-R-2028, in possession of two fake number plates, waiting to commit dacoity by snatching money from people passing along the road. On investigation, the involvement of the applicant was revealed and thereby the accused committed the aforementioned offences.

4. I have heard Sri.C.Dheeraj Rajan, the learned counsel for the applicant and Smt.Aneeda Beegum, 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. The investigation reveals the specific involvement of the applicant in the crime. In the confession statement given by the accused Nos.6 and 7, it is stated that the applicant installed an app namely 'Zangi' in their respective mobile phones and instructions were given through it. The mobile phones seized from the accused Nos. 6 and 7 were sent for forensic examination and the forensic report has been received. It is stated in the report that such an app has been installed in the mobile phones of the accused Nos. 6 and 7 and that they had several chats, including video calls with the applicant, whose name was saved under the caption 'Bombay'.

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. Considering the gravity of the offence and stage of the investigation, I am of the v