Court emphasizes necessity of custodial interrogation due to serious allegations and potential influence on witnesses.
In a recent decision, the Kerala High Court, presided over by Dr. Kauser Edappagath, J., has denied pre-arrest bail to six leaders of the Democratic Youth Federation of India (DYFI) involved in a protest against the Kerala government's liquor policy. The bail application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was dismissed on July 27, 2026, due to the gravity of the accusations and the ongoing preliminary investigation.
The case stems from an incident on June 24, 2026, where the accused, leading a protest march with 100 activists, allegedly formed an unlawful assembly, obstructed traffic, and engaged in violent acts when confronted by police near Maharaja’s College on Park Avenue Road, Ernakulam. The prosecution has charged them with serious offenses under the Bharatiya Nyaya Sanhita, 2023, the Kerala Public Ways (Restriction of Assemblies and Procession) Act, 2011, and the Prevention of Damage to Public Property Act, 1984.
The defense, represented by Shri. K.S. Arun Kumar, argued for the innocence of the accused, claiming their wrongful implication and lack of evidence connecting them to the crime. However, the court found the prosecution's arguments, presented by Senior Public Prosecutor Smt. Aneeda Beegum, compelling. The court noted the necessity of custodial interrogation due to the seriousness of the charges, the potential for the accused to influence witnesses, and the disruption of the investigation if bail were granted.
Judge Edappagath highlighted that pre-arrest bail should not be granted as a routine measure and is reserved for special circumstances with recorded reasons. The court emphasized the seriousness of the accusations, which suggested premeditated criminal acts and specific involvement in obstructing police duties, causing injuries, and damaging property.
Given the early stage of the investigation and the potential impact on its integrity, the court concluded that invoking its extraordinary jurisdiction under Section 482 of the BNSS was unwarranted. Consequently, the bail application was dismissed, underscoring the court’s commitment to a thorough investigative process before any legal relief is provided.
Bottom line:-
Pre-arrest bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, can be exercised only in special circumstances, with recorded reasons. Bail was denied due to the gravity of the offence, preliminary stage of investigation, and necessity of custodial interrogation.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482, Bharatiya Nyaya Sanhita, 2023 Sections 189(2), 191(2), 285, 121(1), 132 read with 190, Kerala Public Ways (Restriction of Assemblies and Procession) Act, 2011 Section 6, Prevention of Damage to Public Property Act, 1984 Section 3(1).
Shresha N. v. State of Kerala, (Kerala) : Law Finder Doc id # 2949394
