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Judgment
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 accused No.2 in Crime No.313/2026 of Murikkassery Police Station, Idukki District. The offences alleged are punishable under Sections 118(1), 117(2), 296(b) and 324(4) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, the BNS).
The prosecution case, in short, is that, on 30.08.2026 at about 05:00 p.m., near a temple situated at Thopramkudy, the applicant along with other persons, in furtherance of their common intention, wrongfully restrained the de facto complainant and assaulted him with a stick, thereby he lost his two teeth, caused damage to his mobile phone worth Rs.16,000/- and also a watch worth Rs.5,000/- and thereby committed the offences.
I have heard Sri. B.Surjith, the learned counsel for the applicant and Sri. Thomas Sabu Vadakekut, 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. The applicant has used a weapon. 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:
The applicant shall appear before the Investigating Officer within a week from today and shall subject himself to interrogation.
After interrogation, if the Investigating Officer arrests the applicant, he shall be produced before the jurisdictional court without undue delay.
On production of the applicant before the jurisdictional court, if any application for bail is filed, the court shall consider the same, preferably on the same day itself, in accordance with law.
The copy of the bail application shall be given to the Prosecutor in advance.