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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.884/2026 of Ernakulam Central Police Station, Ernakulam District. The offences alleged are punishable under Sections 126(2), 115(2), 118(1) and 118(2) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is that the defacto complainant is the son of the victim who sustained grievous injuries in the incident that happened on 05.09.2026 at about 9.00 p.m. As per the records, the applicant and the accused No.1 with the intention of causing him hurt, wrongfully restrained and assaulted the victim near his residence at Town Hall, Ernakulam North Village, by hitting him on both legs and head with their hands, motorcycle shock absorber and flask. Thus, he sustained grievous injuries and thereby the applicant committed the offences.
I have heard Sri.Vinod Vallikappan, the learned counsel for the applicants 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 in the FI Statement. The victim has sustained fracture 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:
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.