Pre-arrest bail under Section 482 of the BNSS is an extraordinary remedy and is not granted as a matter of course, particularly in serious cases involving premeditated violence where custodial interrogation is necessary for a fair investigation.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.10.2026, 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.2 in Crime No.776/2026 of Kilikolloor Police Station, Kollam District. The offences alleged are punishable under Sections 296(b), 115(2), 118(1), 118(2) and 110 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, being infuriated by the defacto complainant questioning the involvement of the accused persons, who had joined with his nephew in the consumption of drugs, and his nephew subsequently tried to commit suicide, the accused persons, on 02.08.2026 at 2 p.m., trespassed into the house of the defacto complainant, uttering obscene words, dragged him outside the house, and the accused No.1 struck the defacto complainant across his face with a helmet. The applicant, using a material like an iron bar, struck the defacto complainant's head, which was blocked by the defacto complainant using his hands. When the defacto complainant fell down, the accused persons stamped him and further attacked him with the above said weapons. The defacto complainant was later dragged to the compound and the assault continued. The defacto complainant suffered a fracture of the nasal septum and a fracture of the right index finger and he had injuries inside his mouth, which required six sutures. The attack was in such a manner that had he not blocked the blow, the same would have caused his death. The applicant thereby committed the aforesaid offences.

4. I have heard Sri.R.Kishore (Kallumthazham), 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. Specific overt act has been attributed against the applicant. He has also used a weapon. The defacto complainant sustained fractures in the incident.

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 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.