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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 sole accused in Crime No.377/2026 of Mararikulam Police Station, Alappuzha District. The offences alleged are punishable under Sections 118(1), 115(2), 296(b) and 110 of the Bharatiya Nyaya Sanhita, 2023.
The prosecution case, in short, is as follows: The applicant and the de facto complainant are in inimical terms in connection with a property dispute. It is alleged that on 08.09.2026 at about 4.00 p.m., due to the said enmity, the applicant kicked the injured on his left leg, as a result of which he fell down, verbally intimidated him and thereafter repeatedly beat him on his head with a helmet. The injured attempted to ward off the blows with his left hand and consequently sustained injuries on his left hand and left knee. Thus, the applicant has committed the offences.
I have heard Sri. Ajay Gopal, 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. Moreover, he has criminal antecedents. He is involved in six other crimes.
The investigation is in a preliminary stage. The custodial interrogation of the applicant is necessary for the investigation. As rightly argued by the learned 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.