Muhammed Nazeem 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 sole accused in Crime No.489/2026 of Edathala Police Station, Ernakulam District. The offences alleged are punishable under Sections 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The prosecution case, in short, is that the victim, aged 10 years, is under the care and protection of the applicant, who is the stepfather of the victim. The applicant, along with the mother of the victim and the children born out of the applicant’s first marriage, was residing together at the house situated at Kompara and at the house situated at Pengattussery. The applicant repeatedly assaulted the victim by beating, pushing him down, and squeezing his neck on several days in between 23.08.2025 and February 2026. On 25.07.2026, the victim and mother appeared before the Child Helpline Office for counselling. On getting information from the mother of the victim about the applicant's abuse against the victim, the case was forwarded to Sakhi One Stop Centre for further action. The victim's mother, after divorce from her first marriage, remarried the applicant. One of the children in the first marriage of the applicant is differently abled. The applicant repeatedly committed physical attacks against the victim and also threatened to kill both the victim and his mother and thereby committed the aforesaid offences.

I have heard Sri.P.V.Elias, 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. I went through the statement of the victim given before the Magistrate under Section 183(7) of the BNSS. Specific overt act has been attributed against the applicant. The victim has clearly stated that the applicant used to torture him both physically and mentally. In the counselling report filed by the Child Helpline Office, Ernakulam also, it is specifically stated that there was brutal assault by the applicant on the victim.

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.