Santhosh 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.1 in Crime No.730/2026 of Anthikkad Police Station, Thrissur District. The offences alleged are punishable under Sections 115(2), 118(1), 118(2) and 309(4) r/w Section 190 of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that due to prior enmity towards the defacto complainant, on 26.07.2026 at 16:00 hours, in front of the Co-operative Hospital, Manalur, the accused Nos.1 to 13, in furtherance of their common intention, the applicant beat the defacto complainant with a wooden stick and when he fell down, the accused Nos.2 to 13 manhandled him, thereby he sustained fracture on his three left ribs and caused internal bleeding. The accused No.3 and another accused forcibly took the scooter key, obtained an amount of Rs.5,600/- and thereby committed the offences.

I have heard Smt.Gayathri Muraleedharan, 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 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 de facto complainant 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: