Pre-arrest bail under Section 482 of BNSS is an extraordinary remedy and not a matter of course; it may be denied if the offence is grave and custodial interrogation is essential to prevent interference with the investigation.

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

ORDER

1. 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.254/2026 of Nagarur Police Station, Thiruvananthapuram District. The offences alleged are punishable under Section 287 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 7 of the Essential Commodities Act, 1955.

3. The prosecution case, in short, is that on 23.05.2026 at about 11 a.m., the applicant, with an intention to obtain unlawful gain, by using an LPG transfer decanting motor pump, illegally transferred LPG from domestic cylinders to commercial cylinders and placed those cylinders over weighing machines and also negligently used inflammable materials in a residential area and thereby committed the offences.

4. I have heard Sri.Ziyad M.M., the learned counsel for the applicant and Sri.Vinay 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 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.

7. The mahazar would reveal that the Taluk Supply Officer conducted an inspection in the gas agency of the applicant and found several empty gas cylinders of various companies and also equipments such as hose pipes, motor pumps, adapters etc, to transfer gas from the commercial cylinders to the domestic cylinders.

8. 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 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.