Antony Francis @ Ambadi vs State Of Kerala & Anr.

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS'), seeking pre-arrest bail.

The applicant is the sole accused in Crime No.864/2026 of Kilikolloor Police Station, Kollam District. The offences alleged are punishable under Sections 296(b), 118 (1) and 110 of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that due to prior enmity towards the brother of the defacto complainant, on 22.08.2026 at about 11.00 p.m., while attending the housewarming ceremony of a common friend, the applicant took out a chopper, and calling out "എടാ മൈരേ നിന്നെ ഞാൻ വെട്ടും", attempted to assault the defacto complainant's brother with the chopper. When the persons present there intervened, the defacto complainant's brother sustained an injury. Thereafter, when the defacto complainant's brother was taken to the hospital and the defacto complainant went to take a car for that purpose, the applicant came to the spot and attempted to stab the defacto complainant on his chest with a knife. The defacto complainant blocked the attack, as a result of which the stab injury was sustained on his left shoulder and thereby the applicant committed the offences.

I have heard Sri.C.R.Jayakumar, the learned counsel for the applicants and Sri.Devadas H. Mallan, the learned Public Prosecutor. Perused the case diary.

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.

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 FI Statement. The defacto complainant has sustained injury in the incident. 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 learned counsel for the applicant submitted that the applicant is ready to surrender before the investigating officer. Accordingly, this bail application is disposed of on the following conditions: