Muhammed Basha vs State Of Kerala

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.942/2026 of Sasthamcotta Police Station, Kollam District. The offences alleged are punishable under Sections 296(b), 126(2) and 132 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that the applicant along with the accused No.1, in furtherance of their common intention to deter the Assistant Excise Inspector and others who wanted to search their house, suspecting the presence of narcotic drugs, on 17.07.2026 at 11.50 a.m., when the Excise party wanted to conduct a search in the house bearing No.II/202 of Sasthamcotta Grama Panchayat, the applicant and the accused No.1, without permitting them to conduct the inspection, wrongfully restrained the de facto complainant and his party. The accused No.1 incited terror by hitting the window glass with his right hand and the applicant uttered obscene words and thereby committed the above offences.

I have heard Sri.K.R.Vinod, the learned counsel for the applicant and Sri.V. Vinay, the learned Senior 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 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.

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 to the applicant. 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.