1. Pre-arrest bail application under Section 482, BNSS for alleged sexual assault under Sections 74, 75(1)(iv), 126(2), BNS. (Para 1 , 2 , 3 )
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2026 Supreme(Online)(Ker) 65221
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Abdul Rahiman P – Appellant
Versus
State of Kerala – Respondent
BAIL APPL. NO. 5533 OF 2026 | CRIME NO.410/2026
Advocates:
For the Appellants/Petitioners: Shahim Bin Aziz, C.S. Sulekha Beevi, K C Mohamed Rashid, T. Riyas, Abdul Rahoof P.M., Farsana A.S., Muhammed Shafi K.
For the Respondents: Thomas Sabu Vadakekutu
For the Appellants/Petitioners: Shahim Bin Aziz, C.S. Sulekha Beevi, K C Mohamed Rashid, T. Riyas, Abdul Rahoof P.M., Farsana A.S., Muhammed Shafi K.
For the Respondents: Thomas Sabu Vadakekutu
Pre-arrest bail under Section 482 of the BNSS is an extraordinary remedy and not a matter of course; it may be denied if the offence is grave, custodial interrogation is necessary, or there is a risk of witness tampering.
Headnote:(A) Pre-arrest Bail - Exercise of Jurisdiction - Grant of pre-arrest bail is not a matter of course; the power under Section 482 of the BNSS is extraordinary and can be exercised only when a special case is made out with recorded reasons. (Para 6)
(B) Custodial Interrogation - Necessity - In cases involving serious accusations of sexual assault where a prima facie premeditated criminal act is evident, custodial interrogation is necessary to prevent the accused from influencing witnesses or interfering with the investigation. (Para 6, 7)
Issues: Whether the applicant is entitled to pre-arrest bail under Section 482 of the BNSS in a case involving allegations of sexual assault and wrongful restraint.
Legal Category Hierarchy
Table of Contents
2. Applicant claimed innocence and false implication; prosecution argued intentional criminal acts would affect investigation if bail granted. (Para 4 , 5 )
3. Accusation serious, shows premeditated criminal act; custodial interrogation necessary; possibility of influencing witnesses cannot be ruled out. (Para 6 , 7 )
4. Pre-arrest bail cannot be granted as a matter of course; power under Section 482, BNSS requires a special case with recorded reasons. (Para 6 )
5. When can pre-arrest bail be granted under Section 482 of the BNSS?
Pre-arrest bail cannot be granted as a matter of course; power under Section 482, BNSS is exercised only when a special case is made out, with recorded reasons. (Para 6 )
6. What factors does a court consider when deciding a pre-arrest bail application in a sexual assault case?
The court considers the seriousness of the accusation, whether it shows premeditated criminal acts, the stage of investigation, the need for custodial interrogation, and the risk of influencing witnesses. (Para 6 , 7 )
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.10.2026, THE COURT ON THE SAME DAY PASSED 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 sole accused in Crime No.410/2026 of Mavoor Police Station, Kozhikode District. The offences alleged are punishable under Sections 74 , 75(1)(iv) and 126(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 27.08.2026 at 11:15 a.m., when the applicant visited the house of the defacto complainant for religious treatment, the applicant wrongfully restrained the defacto complainant inside a room and, with the definite intention to outrage her modesty, touched and grabbed her breast and other private parts and thereby committed the aforesaid offences.
4. I have heard Sri.Shahim Bin Aziz, 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. The narration in the FIS would show that the applicant has sexually assaulted the defacto complainant.
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 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.
